MEMORANDUM DECISION AND ORDER The plaintiff, Robert Lee Wiggins, brought this action against the Garden City Golf Club and caddy manager, George Ouellette, alleging violations of 42 U.S.C. §1981 and New York State Human Rights Law §§296, et seq. (ECF No. 12.) The plaintiff also brought common law tort claims of battery and intentional infliction of emotional distress against Mr. Ouellette. (Id.) On April 22, 2019, the defendants separately moved for summary judgment. (ECF Nos. 52-3, 53-11.) For the reasons that follow, the defendants’ motions are granted. BACKGROUND1 I. The Garden City Golf Club. The Garden City Golf Club is a non-profit golf club located in Garden City, New York. (ECF No. 54-14, Pl.’s 56.1 Counter-Statement in Response to Garden City Golf Club (“Pl.’s 56.1 (Club)” 1.)2 Golfers can either walk the golf course or drive in a golf cart. (Id. 4.) Golfers who walk typically use a caddy. (Id.) Caddies assist golfers by carrying their clubs, providing yardage distances to the hole or hazards, and locating the ball after it is hit. (Id. 7.) Caddies also maintain the golf course during play by raking sand traps, filling divots, and repairing ball marks on the green. (Id.) Mr. Ouellette, a white man, began working at the golf club in 1995 as the starter and caddy manager. (ECF No. 55-12, Pl.’s 56.1 Counter-Statement in Response to Ouellette (“Pl.’s 56.1 (Ouellette)” 1.) As the starter, Mr. Ouellette organized when golfers began their rounds on the first tee. (Id.) As caddy manager, Mr. Ouellette assigned caddies to members upon members’ request. (Pl.’s 56.1 (Club) 4.) Members could also contact caddies directly. (Id) The plaintiff, a black man, began working as a caddy for the club’s members in 1996 or 1997. (Pl.’s 56.1 (Ouellette) 2.) The parties dispute whether the plaintiff was hired as an employee of the club, but agree for the most part about the factual history of the plaintiff’s work. The plaintiff did not fill out an application, interview for the position, or otherwise enter into an agreement with the club about his caddying duties or schedule. (Pl.’s 56.1 (Club) 9.) He never received an IRS Form W-2 or Form 1099 from the club. (Id.) The club did not train the plaintiff, aside from having him walk the course with an experienced caddy before caddying by himself. (Id. 7.) The plaintiff brought his own tools to work-a range finder, green repair tool, and towel. (Id. 8.) The club enforced a dress code for caddies, and provided them with a club-branded hat. (Id.) The golf club did not require the plaintiff to work a specific number of days or hours. (Id. 12.) He was free to choose when and how much he worked, and could also work at any other golf course, which he did on Mondays when the club was closed. (Id. 10.) Nevertheless, early on in the plaintiff’s time at the club, Mr. Ouellette told him which days the club was open and what time golfers typically started in the mornings. (Id. 12.) Mr. Ouellette also told the plaintiff about special events, including tournaments, that would require caddies to be at the club at a specific time if they were interested in working the events. (ECF No. 66-1, Ouellette Dep. 56:15-58:3.) The golf club did not pay the plaintiff a salary or give him a paycheck. (ECF No. 66-3, Pl. Dep. in 16-CV-5959 (“PI. Wage Dep.”) 156:20-157:9.) Rather, the member for whom the plaintiff caddied paid him at the end of the round. (Pl.’s 56.1 (Club) 15.) Members paid the plaintiff between $80 and $120 per bag carried. (Id. 15.) While waiting for assignments, caddies congregated in the “caddy yard,” an enclosed area next to the pro shop. (Pl.’s 56.1 (Ouellette) 3.) The caddies, including the plaintiff, played cards, watched television, ate, and napped in the caddy yard. (Pl.’s 56.1 (Club) 14.) The caddies frequently joked around, commenting on each other’s clothing and hiding each other’s clothing and gear. (Pl.’s 56.1 (Ouellette)
5-6.) Mr. Ouellette also socialized in the caddy yard and participated in the jokes. (Id. 7, Pl.’s 56.1 (Club)
