Reid v. Ingerman Smith LLP

876 F. Supp. 2d 176, 2012 U.S. Dist. LEXIS 93974, 95 Empl. Prac. Dec. (CCH) 44,564, 2012 WL 2700508
CourtDistrict Court, E.D. New York
DecidedJuly 6, 2012
DocketNo. 12 Civ. 0307(ILG)(MDG)
StatusPublished
Cited by31 cases

This text of 876 F. Supp. 2d 176 (Reid v. Ingerman Smith LLP) 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
Reid v. Ingerman Smith LLP, 876 F. Supp. 2d 176, 2012 U.S. Dist. LEXIS 93974, 95 Empl. Prac. Dec. (CCH) 44,564, 2012 WL 2700508 (E.D.N.Y. 2012).

Opinion

MEMORANDUM AND ORDER

GLASSER, Senior District Judge:

Plaintiff Karisa Reid (“Reid” or “plaintiff’) brings this diversity action against her former employer, Ingerman Smith LLP (“Ingerman”), and her former supervisor, Mary Anne Sadowski (“Sadowski”), alleging New York State Human Rights Law (“NYSHRL”) claims for discrimination on the basis of her sex, aiding and abetting such discrimination, and retaliation pursuant to N.Y. Exec. Law § 290 et seq. Defendants move to dismiss the claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, defendants’ motion is hereby GRANTED in part and DENIED in part.

I. BACKGROUND

The following facts are taken from Reid’s amended complaint and are accepted as true for purposes of this motion. Reid, a South Carolina resident, started working for Ingerman, a New York limited liability partnership, as a legal secretary in February 2008. Amended Complaint dated Apr. 2, 2012 (“Am. Compl.”) ¶¶ 4-5, 11 (Dkt. No. 6). Reid began working for Sadowski in the summer of 2008 and alleges Sadowski subjected her to discrimination and harassment on the basis of her gender. Am. Compl. ¶¶ 14, 32, 36-37. She further alleges that the discrimination and harassment occurred “on a regular and continual basis while employed by Defendants,” Am. Compl. ¶35, but only includes one example of the illicit conduct in her amended complaint.1 According to Reid, in late February or early March 2009, while Reid was waiting in Sadowski’s office to receive an assignment, Sadowski suddenly looked at Reid’s breasts, “exclaimed ‘those things are huge’ and then [180]*180grabbed and squeezed Plaintiff Reid’s right breast.” Am. Compl. ¶ 16. After realizing that her actions upset Reid, Sadwoski then dismissed Reid from her office. Am. Compl. ¶ 18. Reid viewed the incident, which left her “humiliated and horrified,” as .a “sexual assault” and “sexual advance,” but felt that complaining to Sadowski would be futile. Am. Compl. ¶¶ 19-20. She also was afraid to complain to her other supervisor, Susan Gibson (“Gibson”), about the incident because Gibson was Sadowski’s close friend and confidante. Am. Compl. ¶ 23.

As a result of Reid’s rejection of Sadowski’s sexual advance Sadowski and Gibson allegedly retaliated against her. Am. Compl. ¶¶ 20-21, 25-27. Immediately after the incident, Sadowski changed Reid’s “entire schedule of duties and arbitrarily withheld work from” her. Am. Compl. ¶ 20. She also immediately informed Reid that she should discontinue planning the company summer picnic and assigned the duty to someone else. Am. Compl. ¶21. With respect to Gibson, on or about April 20, 2009, Gibson “falsely accused Plaintiff Reid of ‘sending the wrong letter to a school district’ ” and even though Reid remembered sending the correct letter and asked for further details concerning the letter incident, the conversation ended there. Am Compl. ¶ 25. Gibson then dismissed Reid from her office, telling her that she would confer with Sadowski about the incident. Am. Compl. ¶ 25. Later that day, Sadowski and Reid met regarding the incident and, without giving Reid a chance to defend herself, Sadowski terminated Reid’s employment, telling her “YOU ARE A SMART GIRL. YOU HAVE A LAWSUIT You are not entitled to unemployment, but we will not fight it.” Am. Compl. ¶27 (emphasis in original).

Reid relocated to South Carolina after the incident and remains “haunted by the memories and scars from the illegal and unjust harassment and discrimination she suffered.” Am. Compl. ¶ 29. As a result of the alleged discrimination and harassment, moreover, she “suffers loss of rights, emotional distress, and loss of income and earnings.” Am. Compl. ¶ 40.

On January 18, 2012, Reid began this action. After being granted an extension to do so, defendants on March 26, 2012 filed a motion to dismiss Reid’s complaint pursuant to Fed.R.Civ.P. 12(b)(6). On April 3, 2012, Reid filed an amended complaint. Defendants on May 14, 2012 then moved to dismiss the amended complaint as well. Defendants’ Memorandum of Law (“Defs.’ Mem.”) (Dkt. No. 11). Reid on May 18, 2012 filed her opposition papers, and defendants on May 31, 2012 filed their reply. Plaintiffs Memorandum of Law in Opposition (“Pl.’s Opp’n”) (Dkt. No. 15-1); Defendants’ Reply Memorandum of Law (“Defs.’ Reply”) (Dkt. No. 16).

II. DISCUSSION

A. Legal Standard

Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a complaint to include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). While a plaintiff alleging employment discrimination need not plead facts sufficient to establish a prima facie case, Swierkiewicz v. Sorema N.A., 534 U.S. 506, 508 122 S.Ct. 992, 152 L.Ed.2d 1 (2002), to survive a motion to dismiss pursuant to Rule 12(b)(6), the plaintiffs pleading must nevertheless 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, 1940, 173 L.Ed.2d 868 (2009) (quoting 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 [181]*181plaintiff pleads factual content that allows the Court to draw the reasonable inference that the defendant is hable for the misconduct alleged.” Iqbal, 129 S.Ct. at 1949.

Although detailed factual allegations are not necessary, the pleading must include more than an “unadorned, the-defendant-unlawfully-harmed-me accusation;” mere legal conclusions, “a formulaic recitation of the elements of a cause of action,” or “naked assertions” by the plaintiff will not suffice. Id. at 1949 (alteration in original) (internal quotations, citations, and alterations omitted). This plausibility standard “is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id. (quoting Twombly, 550 U.S. at 556, 127 S.Ct. 1955). Determining whether a complaint states a plausible claim for relief is “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. But where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged — but it has not ‘show[n]’ — ‘that the pleader is entitled to relief.’ ” Id. at 1950 (quoting Fed.R.Civ.P. 8(a)(2)).2

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876 F. Supp. 2d 176, 2012 U.S. Dist. LEXIS 93974, 95 Empl. Prac. Dec. (CCH) 44,564, 2012 WL 2700508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reid-v-ingerman-smith-llp-nyed-2012.