Henry v. NYC Health & Hospital Corp.

18 F. Supp. 3d 396, 2014 U.S. Dist. LEXIS 32821, 2014 WL 957074
CourtDistrict Court, S.D. New York
DecidedMarch 10, 2014
DocketNo. 13 Civ. 6909(PAE)
StatusPublished
Cited by123 cases

This text of 18 F. Supp. 3d 396 (Henry v. NYC Health & Hospital Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henry v. NYC Health & Hospital Corp., 18 F. Supp. 3d 396, 2014 U.S. Dist. LEXIS 32821, 2014 WL 957074 (S.D.N.Y. 2014).

Opinion

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge:

Plaintiff Collette Henry (“Henry”), an employee of the New York City Health & Hospital Corporation (“HHC”), brings claims of discrimination and retaliation against HHC and several former supervisors (collectively, “defendants”), under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), 42 U.S.C. § 1981 (“§ 1981”), New York State Human Rights Law, N.Y. Exec. Law § 290 et seq. (“NYSHRL”), and the New York City Human Rights Law, N.Y. City Admin. Code § 8-101 et seq. (“NYCHRL”). Henry alleges, inter alia, that she was discriminated against on the basis of her race and gender, and retaliated against for having engaged in a protected act. Defendants now move to dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the motion to dismiss Henry’s Title VII, § 1981, and NYSHRL claims is granted; and the Court declines to exercise supplemental jurisdiction as to Henry’s NYCHRL claims.

I. Background1

A. Facts of the Case

Henry is an African-American woman with blonde hair. Am. Compl. ¶¶ 3, 8. At all relevant times, she was employed by HHC as a police officer. Id. ¶¶ 7, 9. Lieutenant John Arena (“Arena”) and Captain [402]*402Ronnel Boylan (“Boylan”), also HHC employees, were her supervisors. Id. ¶¶ 5, 6, 10.

Henry alleges that, during her employment, “Arena made several racially charged and discriminatory remarks,” and on “several occasions” “publicly mock[ed] [her] hair color and skin tone.” Id. ¶¶ 11, 38. Specifically, Henry alleges that “[o]n one occasion, during roll-call and in front of other police officers, Defendant Arena publicly admonished [her] while she was sitting in another room because he claimed that [her] hair and skin tone did not match.” Id. ¶ 12. Arena “then proceeded to remove [her] from roll call and send her home ... because her skin tone did not match her hair.” Id. ¶ 16.

Shortly thereafter, Henry “complained to other supervisors of Arena’s conduct.” Id. ¶ 17. Following these complaints, Arena “refused to grant Plaintiff overtime work, despite the fact that she was next on the list for overtime.” Id. ¶ 21. Thereafter, “Arena continued to interfere with [Henry’s] job responsibilities, including refusing her overtime, sending her home, and instructing other commanders to not work with her,” Id. ¶ 25, as well as “giv[ing] her worse assignments than others” and “undesirable shifts normally relegated to newer hires,” Id. ¶ 37; see also id. ¶ 32. Arena and Boylan also “concocted a scheme to have [Henry] written up on false charges of sleeping at work.” Id. ¶ 27; see also id. ¶¶ 28, 35, 41.

B. Procedural History

On September 30, 2018, Henry filed the Complaint in this action. Dkt. 1. It alleged that defendants2 discriminated against her on the basis of her “race, color, gender, and ethnicity,” subjected her to a hostile work environment, and retaliated against her for complaining about that discrimination, in violation of Title VII. On December 16, 2018, defendants filed a motion to dismiss pursuant to Rule 12(b)(6). Dkt. 7.

On January 6, 2014, Henry filed the Amended Complaint. Dkt. 10. The Amended Complaint drops Henry’s earlier hostile work environment claim, but leaves her discrimination and retaliation claims intact.3 The Amended Complaint also adds violations of § 1981, NYSHRL, and NYCHRL. On November 18, 2013, defendants submitted a motion to dismiss the Amended Complaint, Dkt. 11, and a supporting memorandum of law, Dkt. 12 (“Def. Br.”). Defendants argue, inter alia, that the Amended Complaint fails to state discrimination and retaliation claims upon which relief can be granted. On January 30, 2014, Henry submitted a memorandum of law in opposition to that motion. Dkt. 13 (“PI. Br.”). On February 6, 2014, de[403]*403fendants filed a reply. Dkt. 14 (“Def. Reply Br.”).

II. Applicable Legal Standard

To survive a motion to dismiss under Rule 12(b)(6), a complaint must plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A claim has “facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is hable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 663, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). A complaint is properly dismissed where, as a matter of law, “the allegations in a complaint, however true, could not raise a claim of entitlement to relief.” Twombly, 550 U.S. at 558, 127 S.Ct. 1955.

In considering a motion to dismiss, a district court “must accept as true all well-pleaded factual allegations in the complaint, and ‘draw[] all inferences in the plaintiffs favor.’ ” Allaire Corp. v. Okumus, 433 F.3d 248, 249-50 (2d Cir.2006); see also Famous Horse Inc. v. 5th Ave. Photo Inc., 624 F.3d 106, 108 (2d Cir.2010). However, “the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. “Threadbare recitals of the elements of a cause of action, supported by mere conelusory statements, do not suffice.” Id. “[R]ather, the complaint’s factual allegations must be enough to raise a right to relief above the speculative level, i.e., enough to make the claim plausible.” Arista Records, LLC v. Doe 3, 604 F.3d 110, 120 (2d Cir.2010) (citing Twombly, 550 U.S. at 555, 570, 127 S.Ct. 1955) (internal quotation marks omitted) (emphasis in Arista Records); accord Goldin v. Smith & Nephew, Inc., No. 12 Civ. 9217(JPO), 2013 WL 1759575, at *2 (S.D.N.Y. April 24, 2013).

III. Discussion

Henry claims that defendants discriminated against her on the basis of race and gender, and retaliated against her for complaining about this discrimination. As noted, Henry brings claims under federal law (Title VII and § 1981), state law (NYSHRL), and city law (NYCHRL). The Court analyzes the substantive claims brought under Title VII and NYSHRL law together, because the substantive standards for liability under these sources of law are coextensive.4 The Court will address Henry’s § 1981 claim and city-law claims separately.

A. Title VII & NYSHRL Discrimination Claims

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18 F. Supp. 3d 396, 2014 U.S. Dist. LEXIS 32821, 2014 WL 957074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-nyc-health-hospital-corp-nysd-2014.