Hong Yin v. North Shore LIJ Health System

20 F. Supp. 3d 359, 29 Am. Disabilities Cas. (BNA) 1569, 2014 U.S. Dist. LEXIS 68532, 2014 WL 2027305
CourtDistrict Court, E.D. New York
DecidedMay 19, 2014
DocketNo. 12-CV-1499 (DRH)(AKT)
StatusPublished
Cited by11 cases

This text of 20 F. Supp. 3d 359 (Hong Yin v. North Shore LIJ Health System) 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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Hong Yin v. North Shore LIJ Health System, 20 F. Supp. 3d 359, 29 Am. Disabilities Cas. (BNA) 1569, 2014 U.S. Dist. LEXIS 68532, 2014 WL 2027305 (E.D.N.Y. 2014).

Opinion

MEMORANDUM AND ORDER

HURLEY, Senior District Judge:

Plaintiff Hong Yin (“plaintiff”) commenced this action against defendant North Shore Long Island Jewish Health System (“defendant”) asserting claims of “discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”) and The Americans with Disabilities Act Amendment Act (“ADAAA”).” (Complaint at I.) Initially, defendant moved to dismiss these claims, however, plaintiff “agree[d] to withdraw” the claims in her original Complaint, conceding that “upon reviewing Defendant’s motion to dismiss, [she] realized that she might benefit from addressing alleged deficiencies pointed out in Defendant’s motion and that the initial Complaint could benefit from significant revision.” (Pl.’s Mem. in Opp’n to Def.’s Mot. to Dismiss and in Supp. of Mot. to Amend (“Pl.’s Mem. in Opp’n”) at 1, 8.) Plaintiff, although she does not oppose the dismissal of her original complaint, seeks leave to file an amended complaint. Towards that end, she submits a proposed First Amended Complaint (“FAC”), claim[363]*363ing that it “cures any alleged deficiencies discussed in Defendant’s motion to dismiss.” (Id. at 2.) Plaintiffs FAC does not assert any claims pursuant to Title VII, and it contains “additional material facts” and additional claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12102 et seq., and the New York State Human Rights Law (“NYSHRL”), New York Executive Law § 290 et seq. (Id.) Specifically, plaintiff claims that: (1) she was discriminated against because she was disabled and because defendant perceived her to be disabled; (2) defendant failed to reasonably accommodate her disability; (3) defendant retaliated against her; and (4) defendant subjected her to a hostile work environment.

Given plaintiffs withdrawal of her original complaint, defendant’s motion to dismiss her original complaint claims is moot. The remaining question before the Court is whether plaintiff should be given leave to file her FAC. For the reasons set forth below, plaintiffs motion to file an amended complaint is denied.

BACKGROUND

Plaintiff began employment as a physician in defendant’s obstetrics and gynecology residency program at Long Island Jewish Medical Center1 (“LIJMC”) on July 1, 2010. (FAC ¶ 9.) During plaintiffs employment, Adiel Fleischer, M.D. (“Dr. Fleischer”) was the Chairman of the OB/ GYN Department at LIJMC and Leah A. Kaufman, M.D. (“Dr. Kaufman”) was the Director of the OB/GYN Residency Program. (Id.).

At the age of fifteen, plaintiff was diagnosed with major depressive disorder and anxiety disorder, which she managed through behavioral therapy and pharma-cotherapy. (Id. ¶ 12.) Additionally, during her time in defendant’s residency program, plaintiffs psychiatrist diagnosed her with Post Traumatic Stress Disorder (“PTSD”). (Id. ¶ 13.) Throughout her residency, plaintiff regularly saw her psychiatrist. (Id. ¶ 14.)

From July 1, 2010 to August 28, 2010, plaintiff worked nights in Obstetric Service. (Id. ¶ 16.) During this time, plaintiff received praise from various doctors for her performance. (Id.) According to plaintiff, “[t]here were a few incidents during this period when [she] briefly cried,” and “[a]fter one of [those] instances a nurse practitioner insisted that Plaintiff go home.”2 (Id.) From August 30, 2010 to September 24, 2010, plaintiff worked in Emergency Department Service. (Id. ¶ 17.) During this time, the attending physicians were satisfied with plaintiffs performance and praised her. (Id.) From September 26, 2010 through October 23, 2010, plaintiff worked in Gynecology Service. (Id. ¶ 18.) There, plaintiffs performance continued to be satisfactory, although she received some criticism for her “tone.” (Id.) From October 24, 2010 to December 25, 2010, plaintiff worked days in Obstetric Service. (Id. ¶ 19.) Plaintiffs performance during this period remained satisfactory, and she received additional positive feedback. (Id.) During this rotation, however, Dr. Kaufman .“acknowledged that Plaintiff was unhappy and asked if Plaintiff was receiving appropriate emotional support,” to which plaintiff responded that she was. (Id.) From December 26, 2010 to January 21, 2011, plaintiff [364]*364served in Medical ICU, and her performance continued to be satisfactory. (Id. ¶ 20.)

In January of 2011, plaintiffs psychiatrist prescribed her Klonopin to treat her anxiety. (Id. ¶ 22.) Around this time, plaintiff met with Dr. Kaufman for her semi-annual review, during which Kaufman inquired about her emotional status and stated that she felt plaintiffs ratings were influenced by people’s perceptions of plaintiff as being depressed. (Id. IT 23). Between January 24, 2011 and March 21, 2011, Kaufman inquired about plaintiffs emotional status on multiple occasions. (Id. ¶ 24.) On January 31, 2011, plaintiff disclosed to Kaufman that she “suffered from mental illness and was under the care of a psychiatrist for appropriate management.” (Id.) Plaintiff asserts that after she disclosed her depression to Kaufman, she was scrutinized at a higher level than her classmates and received more negative feedback than she had prior to disclosing her disability. (Id. ¶¶ 25, 27.) Plaintiff also asserts that other residents were treated with more leniency, specifically a resident who was only given a “light warning” for her repeated tardiness while plaintiff was “often berated for her perceived or alleged deficiencies.” (Id. ¶ 28.)

From January 24, 2010 to February 18, 2011, plaintiff worked in the Antenatal Testing Unit in the mornings, in the Medicine Clinic in the afternoons, and in the Obstetric Service on the weekends. (Id. ¶ 29.) During this time, plaintiff maintains that her work was satisfactory, but she mentions “two incidents [that] occurred in February for which [she] received negative feedback.” (Id.) Although plaintiff does not provide any circumstances surrounding these instances, she claims that the “two incidents were discriminatorily held against [her] and given undue weight, despite the fact that [she] had improved her performance.” (Id.)

From February 21, 2011 to March 21, 2011, plaintiff worked in Gynecology Service. During this time, plaintiff asserts that she was “subjected to incessant and unjustifiable criticism by Dr. Kaufman.” (Id. ¶30.) Examples of this treatment included Dr. Kaufman characterizing an educational question plaintiff asked Dr. Katz, another of plaintiffs supervisors, as inappropriate despite Dr. Katz’s opinion to the contrary, Dr. Kaufman’s criticism of plaintiffs performance on a surgical case, Dr. Kaufman calling plaintiff into her office to “chastise and harass her” and tell plaintiff her “performance ha[d] deteriorated to a level that [was] unacceptable,” and Dr. Kaufman’s “demand[ ] that Plaintiff see her psychiatrist more regularly.” (Id.) During this time, Dr. Kaufman assigned plaintiff a new mentor, Dr. Leong, whom plaintiff first met with on February 25, 2011. (Id.) Dr. Leong told plaintiff that “her contract would not be renewed” and that “this [was her] last chance.” (Id.) Dr.

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20 F. Supp. 3d 359, 29 Am. Disabilities Cas. (BNA) 1569, 2014 U.S. Dist. LEXIS 68532, 2014 WL 2027305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hong-yin-v-north-shore-lij-health-system-nyed-2014.