MEMORANDUM & ORDER Following her termination from CBS Corporation (“CBS”) in April 2014, Plaintiff Lynda Mauze (“Mauze”), a former Manager of Sports Production Services (“SPS”) at CBS, initiated this discrimination action against CBS. Mauze alleges that by refusing to promote her and raise her pay, and by later firing her, CBS discriminated against her on the basis of race and sex, created a hostile work environment, and retaliated against her in response to her informal and formal complaints, all in violation of Title VII, 42 U.S.C. §1981, the New York State Human Rights Law, New York State Executive Law §296 et seq. (“NYSHRL”), the Administrative Code of the City of New York §8-101 et seq. (“NYCHRL”), the Equal Pay Act (“EPA”), 29 U.S.C. §206 et seq., and the New York Equal Pay Act, New York Labor Law §194. CBS moves for summary judgment on all claims, arguing that Mauze was fired for insubordination, failing to perform, and abandoning her job duties. See CBS Mem. in Supp. of Mot. for Summ. J., ECF No. 44 (“CBS Mem.”); CBS Reply in Supp. of Mot for Summ. J., ECF No. 53 (“CBS Reply”); Mauze Mem. in Opp. to CBS Mem., ECF No. 43 (“Mauze Opp’n”). CBS’s motion is granted, except as to Mauze’s retaliation claim.BACKGROUNDThe following facts are taken from CBS’s Local Rule 56.1 Statement in Support of CBS’s Motion for Summary Judgment (“CBS 56.1″)1, ECF No. 46, and supporting documents, unless they are material and disputed, in which case attribution to Mauze’s Local Rule 56.1 Statement, ECF No. 43, Ex. 1 (“Mauze Counter 56.1″ or “Mauze Add’l 56.1″), or record cites, is indicated.Mauze, an African-American woman, was hired by CBS in 2002 as a Commercial Coordinator for Broadcast Operations. See Mauze Add’l 56.1 3. In February 2008, Mauze was promoted to Manager of Sports Production Services (SPS), a role she held until her termination in February 2013. CBS 56.1 1. With her promotion, Mauze received a raise to an annual salary of $70,000, CBS 56.1
2-3, and reported to Arthur Harris (“Harris”), an African-American man and Vice President of Broadcast Operations, CBS 56.1 4; Jones Decl., ECF No. 43 (“Jones Decl.”), Ex. 1, Mauze Dep. (“Mauze Dep.”) at 109:20-25. The Broadcast Operations Department handles operations for the transmission of sporting events for which CBS is the broadcaster or distributor.2 CBS 56.1 9. As Manager, SPS, Mauze’s primary function involved building commercial formats for broadcasts based on advertising contracts negotiated between CBS’s Sales Department and its sponsors. CBS 56.1 6.3 Mauze alleges that soon after she assumed this position, she “requested and received permission from her supervisors, Arthur Harris and Ken Aagaard (“Aagaard”) Harris’s manager and head of Broadcast Operations, to assume duties that had previously been delegated to the Director of Sales.” Mauze Opp’n at 1; Mauze Add’l 56.1 17; Oldis Dep. (“Oldis Dep.”) at 48:7-8. CBS disputes this assertion. CBS 56.1 17.In January 2012, Mauze emailed Harris to ask for a raise and promotion to Director of Sports Production Services. CBS 56.1 14; Jones Decl., Ex. 5, Jan. 26, 2012 Email from Mauze to Harris. She copied Ken Aagaard (“Aagaard”), Harris’s supervisor and head of Broadcast Operations, on her email. Mauze Add’l 56.1 22; Salins Decl., ECF No. 47 (“Salins Decl.”), Ex. D, Oldis Dep. (“Oldis Dep.”) at 48:7-8. Harris responded that the changes planned for the department did not include Sports Production Services. CBS 56.1 18; Jones Decl., Ex. 5, Sept. 27, 2012 Email from Harris to Mauze. A few months later, in September 2012, Mauze called Hazel-Ann Mayers (“Mayers”), CBS’s Assistant General Counsel and Chief Compliance Officer, and complained about her lack of opportunity for a promotion. CBS 56.1 20; Mauze Add’l 56.1
