Figueroa v. RSquared NY, Inc.

89 F. Supp. 3d 484, 2015 WL 3936256, 2015 U.S. Dist. LEXIS 25655, 98 Empl. Prac. Dec. (CCH) 45,275
CourtDistrict Court, E.D. New York
DecidedMarch 3, 2015
DocketNo. 14-cv-4390 (ADS)(ARL)
StatusPublished
Cited by21 cases

This text of 89 F. Supp. 3d 484 (Figueroa v. RSquared NY, 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.

Bluebook
Figueroa v. RSquared NY, Inc., 89 F. Supp. 3d 484, 2015 WL 3936256, 2015 U.S. Dist. LEXIS 25655, 98 Empl. Prac. Dec. (CCH) 45,275 (E.D.N.Y. 2015).

Opinion

DECISION AND ORDER

SPATT, District Judge.

On July 21, 2014, the Plaintiff Marlen Figueroa (the “Plaintiff’) commenced this action against the Defendants her former employer RSquared NY, Inc. (“RSquared NY”), Altai Hirji (“Hirji”), and Ain “Doe” (collectively the “Defendants”). The Plaintiff alleges quid pro quo sexual harassment and sex discrimination in violation of Title YII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17; the New York State Human Rights Law, New York Executive Law, Article 15; and other appropriate statutes, rules, and regulations.

On October 6, 2014, the Defendants moved pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted.

For the reasons set forth, the Defendants’ motion to dismiss is granted in part and denied in part.

I. BACKGROUND

Unless stated otherwise, the following factual allegations are drawn from the-complaint and construed in a light most favorable to the non-moving party, the Plaintiff.

A. The Parties

The Plaintiff is a female who at all relevant times was domiciled in Brentwood, New York.

RSquared NY is a New York corporation operating at 100 Heartland Boulevard, Edgewood, New York 11717.

[488]*488Upon information and belief, Hirji is the Owner and Chief Executive Officer of RSquared NY.

Ain “Doe” is an individual who, during the period from September 2012 through October 2013, was an Operations Manager of RSquared NY. Upon information and belief, Ain was a cousin of Hirji.

Non-party Neftaly Maroquin (“Maro-quin”) is an individual who, during the period from September 2012 through October 2013, was the Plaintiffs supervisor at RSquared NY.

B. The Underlying Incident

In September 2012, the Plaintiff commenced employment as a painter with RSquared NY. During the Plaintiffs employment, she became pregnant. In May 2013, the fifth month of her pregnancy, the Plaintiff suffered a miscarriage which caused her to experience post-partum depression.

Maroquin directed the Plaintiff to return to full employment with RSquared NY when she was ready, which the Plaintiff intended to do.

In October 2013, the Plaintiff contacted Maroquin to advise him that she was ready to return to work. However, Maroquin advised the Plaintiff that she could not return to her position.

Shortly thereafter, the Plaintiff alleges that Ain “Doe” phoned the Plaintiff at her residence and left a message. The message allegedly informed the Plaintiff that she could secure her old position on the condition that the Plaintiff “hook up” with Ain “Doe.” (Compl., at ¶ 42.) The Plaintiff “rejected Ain’s sexual advances forthwith,” (Id. at ¶ 43.) and immediately reported this sexual advance to Maroquin.

According to the Plaintiff, neither Hirji nor RSquared NY took any corrective action in connection with Ain Doe’s alleged unwelcomed sexual advance. The Plaintiff alleges that she “was prevented from resuming employment with RSquared [NY] because she rebutted Ain’s sexual advances.” (Id. at ¶ 47.) This action ensued.

II. DISCUSSION

A. The Rule 12(b)(6) Standard

Under Federal Rule of Civil Procedure 12(b)(6), a defendant may move to dismiss a complaint for “failure to state a claim upon which relief can be granted.” To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must provide grounds upon which their claim rests through “factual allegations sufficient ‘to raise a right to relief above the speculative level.’ ” ATSI Commc’ns, Inc. v. Shaar Fund, Ltd., 493 F.3d §7, 98 (2d Cir.2007) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). In other words, the complaint must allege “enough facts to state a claim to relief that is plausible on its face.” Starr v. Sony BMG Music Entm’t, 592 F.3d 314, 321 (2d Cir.2010) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

B. The Title VII and NYSHRL Claims Against RSquared NY

In relevant part, Title VII prohibits an employer from “discriminatfing] against any individual with respect to the ... terms, conditions, or privileges of employment, because of such individual’s ... sex ...” 42 U.S.C. § 2000e-2(a)(l). Similarly, Section 296 of the NYSHRL prohibits an employer from refusing to hire or discharging an employee “because of an indi[489]*489vidual’s ... sex ...” N.Y. Exec. Law § 296.1(a); Hernandez v. Hampton Bays Union Free Sch. Dist., No. 12-CV-0789 (JS)(SIL), 2015 WL 667844, at *5 (E.D.N.Y. Feb. 13, 2015) (quoting N.Y. Exec. Law § 296.1(a)). The same standard is used when analyzing Title VII and NYSHRL claims. Patane v. Clark, 508 F.3d 106, 113 (2d Cir.2007); Mandell v. Cnty. of Suffolk, 316 F.3d 368, 377 (2d Cir.2003).

When addressing Title VII claims, courts generally look to the Supreme Court’s ruling in McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), where the Supreme Court set forth the elements that a plaintiff must prove in order to establish a prima facie case at the summary judgment stage. In order for a plaintiff to establish a prima facie. case of gender discrimination in this framework, the plaintiff must establish that (1) she was within a protected class; (2) she was qualified for the position; (3) she was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination. Id.; Leibowitz v. Cornell Univ., 584 F.3d 487, 498 (2d Cir.2009).

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89 F. Supp. 3d 484, 2015 WL 3936256, 2015 U.S. Dist. LEXIS 25655, 98 Empl. Prac. Dec. (CCH) 45,275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/figueroa-v-rsquared-ny-inc-nyed-2015.