AMORE v. CITY OF NEW YORK (2020)

SUMMARY ORDER

John D’Amore appeals from a judgment entered June 25, 2019 by the United States District Court for the Eastern District of New York (Chen, J.) granting summary judgment in favor of the City of New York on D’Amore’s retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. We assume the parties’ familiarity with the underlying facts and the record of prior proceedings, to which we refer only as necessary to explain our decision to affirm.

In 2016 the New York City Department of Correction (DOC) hired D’Amore to join one of its investigative teams responsible for reviewing allegations of sexual assault made against inmates or DOC staff members. To ensure that its investigative teams “had some balance of male and female investigators,” DOC stationed D’Amore at the George R. Vierno Center (GRVC) on Rikers Island. Appellee’s Br. 4. Shortly after D’Amore learned of his assignment to the GRVC, he complained to his superiors that he believed that the assignment was made for “improper” reasons. Joint App’x 257. Hours later, D’Amore was fired. D’Amore filed this suit, alleging that DOC’s decision to fire him violated the anti-retaliation provisions of Title VII. The District Court rejected D’Amore’s claim, concluding that “no reasonable jury could find that” (1) D’Amore “engaged in protected activity” or that (2) DOC “was aware of that activity.” Special App’x 9. D’Amore challenges both conclusions on appeal. Based upon our review of the record, we conclude that D’Amore failed to establish a prima facie case of unlawful retaliation, and we accordingly reject D’Amore’s argument to the contrary.

We have considered D’Amore’s remaining arguments and conclude that they are without merit. For the foregoing reasons, the judgment of the District Court is AFFIRMED.