Mitchell v. New York City Department of Education

Background

Dwain Mitchell, a former teacher at Wadleigh Secondary School for Visual and Performing Arts, sued the New York City Department of Education (DOE) and Daisy Fontanez, identified in the opinion as Wadleigh’s former principal. Mitchell represented himself. He alleged discrimination and retaliation based on age, race, and gender under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Section 1981, the New York State Human Rights Law, and the New York City Human Rights Law.

Mitchell alleged that he was an effective teacher but did not receive adequate support, including a co-teacher in two classes. He claimed that administrators retaliated after he complained about the lack of support, testified in support of another teacher, and created a March 2018 YouTube video called “Save Wadleigh” that criticized school administrators. He identified an “Ineffective” performance rating for the 2016–17 school year, the lack of a tenure hearing, and his June 25, 2018 termination as adverse employment actions.

Mitchell filed a discrimination charge with the New York State Division of Human Rights on April 2, 2019. He filed this lawsuit on February 20, 2020. The defendants moved to dismiss all claims. The court referred that motion to Magistrate Judge Sarah L. Cave, who issued a report and recommendation (R&R) recommending dismissal, with permission to amend some claims. Mitchell objected to the recommendation concerning his discrimination and retaliation claims.

Court’s analysis

The court reviewed the portions of the R&R to which Mitchell objected for clear error because his objections repeated arguments from his earlier briefing. The court concluded that the complaint did not plausibly connect Mitchell’s adverse employment actions to his age, race, or gender. His statements that he was targeted as an older African-American man were treated as conclusions unsupported by facts suggesting discriminatory intent. The court also declined to consider new factual allegations raised in his opposition brief and objections rather than in the complaint.

The court also concluded that Mitchell had not adequately pleaded retaliation. Although he alleged that he complained about school conditions, appealed his ineffective rating, testified for another teacher, and posted the “Save Wadleigh” video, the complaint did not show that these activities protested or opposed unlawful discrimination. The court therefore found that the complaint did not state retaliation claims under Title VII, the Age Discrimination in Employment Act, Section 1981, the New York State Human Rights Law, or the New York City Human Rights Law.

The court agreed with the R&R’s additional conclusions. Mitchell’s New York State and New York City Human Rights Law claims against the DOE were dismissed because he did not file a required notice of claim. His Title VII and Age Discrimination in Employment Act claims based on discrete discriminatory acts before June 6, 2018, were dismissed as untimely. His Title VII and Age Discrimination in Employment Act claims against Fontanez were dismissed because those statutes do not impose liability on individual defendants. His Section 1981 municipal-liability claim against the DOE was also found deficient because the complaint did not identify a municipal policy or custom causing the alleged violation.

Disposition

Judge Gardephe adopted the R&R in its entirety. The court dismissed without leave to amend Mitchell’s New York State and New York City Human Rights Law claims against the DOE, his Title VII and Age Discrimination in Employment Act claims based on discrete acts before June 6, 2018, and his Title VII and Age Discrimination in Employment Act claims against Fontanez. The court dismissed Mitchell’s remaining claims with leave to amend. An amended complaint could include a claim under Section 504 of the Rehabilitation Act, and the court set March 24, 2022, as the deadline for filing it. The clerk was directed to terminate the defendants’ motion and mail Mitchell a copy of the order.