Briggs v. Women in Need, Inc.

819 F. Supp. 2d 119, 2011 U.S. Dist. LEXIS 94642, 94 Empl. Prac. Dec. (CCH) 44,275, 2011 WL 3794157
CourtDistrict Court, E.D. New York
DecidedAugust 24, 2011
DocketNo. 10-CV-2265 (RRM)(JO)
StatusPublished
Cited by27 cases

This text of 819 F. Supp. 2d 119 (Briggs v. Women in Need, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Briggs v. Women in Need, Inc., 819 F. Supp. 2d 119, 2011 U.S. Dist. LEXIS 94642, 94 Empl. Prac. Dec. (CCH) 44,275, 2011 WL 3794157 (E.D.N.Y. 2011).

Opinion

MEMORANDUM AND ORDER

ROSLYNN R. MAUSKOPF, District Judge.

Plaintiff Alicia Briggs (“Briggs” or “plaintiff’) brings this pro se action against defendant Women in Need, Inc. (“WIN” or “defendant”) alleging violations of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, and the Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e(k) (“PDA”). Briggs alleges that she was unlawfully terminated on the basis of her pregnancy and associated medical issues. Currently before the Court is WIN’s motion to dismiss the complaint for failure to state a claim upon which relief may be granted under Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, defendant’s motion is DENIED.

BACKGROUND1

Plaintiff is a former employee of WIN, a non-profit corporation located in Brooklyn, New York. (Compl. (Doc. No. 1) at 2-4.) She was terminated on December 11, 2007. (Compl. at 3-4.) Plaintiff informed WIN about her pregnancy in March 2007. (Pl.’s Compl. to New York State Division of Human Rights (“N.Y. Compl.”) (Doc. 15-3) ¶ 2.) On May 23, 2007 plaintiff went on a medical leave due to her high-risk pregnancy. (Compl. at 4.) Plaintiff gave birth by cesarean section on October 19, 2007. (Id.) Her disability benefits continued until November 28, 2007, six weeks after the delivery of her child pursuant to WIN’s 26-week disability plan. (Letter from Unum Provident to Pl. (Doc. No. 1-2).)

At some point either just before or during plaintiffs medical leave, Maureen McLaughlin, a WIN human resources representative,2 promised plaintiff her desired 8 a.m. to 4 p.m. shift (“8 X 4 shift”) upon her return to work. (See PL’s EEOC Affirmation (“Affirmation”) (Doc. No. 4) at 2.) The 8X4 shift, plaintiff believed, would best accommodate her needs as a new mother. (See PL’s N.Y. Compl. ¶ 6.) McLaughlin made this promise, according to plaintiff, as a gesture of sympathy in response to what plaintiff alleges constituted “unfair treatment ... even before [she] was pregnant.” (See Affirmation at 2.) Specifically, plaintiff claims she had been promised an 8 X 4 shift but was not given one due to a co-worker’s seniority. (Id.) Plaintiff also shared with McLaughlin a letter she wrote to WIN’s management dated June 18, 2006 that contained further details of her alleged pre-pregnancy unfair treatment. (Id.) Plaintiff alleges that in response to hearing about this treatment, “Ms McLaughlin told me how she felt sorry for me and when I had my baby she would make sure I had an 8 X 4 shift.” (Id.)

During the course of her pregnancy, Briggs kept in contact with McLaughlin, providing her regular updates about her medical condition. (Compl. at 4.) On October 19, 2007, plaintiff gave birth to her child through a caesarean section procedure, and called McLaughlin to share with [123]*123her the news of the birth. (Id.) McLaughlin congratulated plaintiff, and asked her when she would return to work. (Affirmation at 2.) Plaintiff replied that she did not know at the time, but would notify McLaughlin as soon as she received her discharge papers. (Id.)

On December 11, 2007, at her six-week check-up, plaintiffs doctor informed her that she could return to work on January 21, 2008 to ensure the wound from the cesarean section had time to heal properly. (Compl. at 4.) Plaintiff then spoke with McLaughlin to inform her of the doctor’s orders, and to reiterate her desire for the 8X4 shift. (Id.) McLaughlin informed plaintiff, after consulting with the appropriate authorities, that her request for the 8X4 shift was denied. (Id.) The subsequent factual record, however, is disputed.3

Plaintiff alleges that, after being denied her 8X4 shift, she requested to speak with Teri Milona4, presumably another human resources official at WIN. (Id.) Milona then informed plaintiff that she had been fired. (Id.) According to plaintiff, Milona was, during this conversation, “so rude & disrespectful she told me she didn’t care that I had an [sic] C-Section.” (Id.) When plaintiff inquired as to the reason for her termination, Ms. Milona responded, “So what, you’re fired. I’m the boss and I make these decisions.” (Pl.’s N.Y. Compl. ¶ 9.) Plaintiff subsequently learned that the official date of her termination was “on or about November 21, 2007,” approximately three weeks prior to this conversation. (Id. ¶ 10.) Plaintiff further alleges that she did not receive a termination letter from WIN. (Id.) Upon learning of her termination, plaintiff asked to be transferred to another building. (Id. ¶ 7.) Although, as plaintiff claims, other employees had previously been granted transfers by WIN, plaintiff was informed that WIN does not “allow transfers” and WIN denied plaintiffs request to rescind her termination. (Id.)

Defendant does not dispute that WIN denied plaintiffs request for an 8 X 4 shift upon her return from medical leave or even that plaintiff had been promised that shift. (See Mem. of Law in Supp. of Def.’s Mot. to Dismiss (Doc No. 17) at 3.) Rather, defendant disputes the circumstances of plaintiffs termination. According to defendant, after WIN denied plaintiffs request for the 8 X 4 shift, “Plaintiff would not agree to work her assigned schedule” and was accordingly terminated. (Id.)

Following plaintiffs termination, WIN offered plaintiff her position back. (Affirmation at 2.) Plaintiff, however, declined WIN’s offer. (Id.) According to plaintiff, by the time WIN offered her the position back, she had already found another job. (Id.)

Plaintiff filed charges with the New York State Division of Human Rights on September, 23, 2008. (Pl.’s N.Y. Compl.) These were adopted by the Equal Employment Opportunity Commission (“EEOC”) which issued a Right to Sue Letter on March 15, 2010. (See Affirmation at 1.)

STANDARD OF REVIEW

A motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil [124]*124Procedure 12(b)(6) requires the court to examine the legal sufficiency of a complaint. As required by Rule 8(a)(2), a pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” To withstand a motion to dismiss, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court must limit itself to the facts stated in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint. Hayden v. Cnty. of Nassau, 180 F.3d 42, 54 (2d Cir.1999).

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819 F. Supp. 2d 119, 2011 U.S. Dist. LEXIS 94642, 94 Empl. Prac. Dec. (CCH) 44,275, 2011 WL 3794157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-women-in-need-inc-nyed-2011.