Thorpe v. Piedmont Airlines, Inc.

926 F. Supp. 2d 453, 2013 WL 665041, 2013 U.S. Dist. LEXIS 24386
CourtDistrict Court, N.D. New York
DecidedFebruary 22, 2013
DocketNo. 3:12-CV-0063 (LEK/DEP)
StatusPublished
Cited by10 cases

This text of 926 F. Supp. 2d 453 (Thorpe v. Piedmont Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thorpe v. Piedmont Airlines, Inc., 926 F. Supp. 2d 453, 2013 WL 665041, 2013 U.S. Dist. LEXIS 24386 (N.D.N.Y. 2013).

Opinion

MEMORANDUM-DECISION and ORDER

LAWRENCE E. KAHN, District Judge.

I. INTRODUCTION

On January 12, 2012, Plaintiff Terri L. Thorpe (“Plaintiff’), a resident of Tioga County, New York commenced this action pro se. Dkt. No. 1 (“Complaint”). Plaintiff names Piedmont Airlines, Inc. (“Piedmont”), Ronald Hynes (“Hynes”), William Rocco (“Rocco”), and Michelle Foose (“Foose”) as Defendants in this case. Id. at 2. Defendant Hynes is a resident of Chitenden County in Vermont; Defendant Rocco is a resident of Tompkins County in New York; and Defendant Foose is a resident of Dauphin County in Pennsylvania. Id. Defendant Piedmont is a corporation incorporated in Pennsylvania with a place of business in Binghamton, New York. Id. Plaintiff brings this action under 42 U.S.C. § 1981, 42 U.S.C. § 2000e-2, and N.Y. Exec. L. § 290 et seq. alleging discrimination and harassment on the basis of age. Id. at 1.

[456]*456Presently before the Court is a Motion to dismiss for failure to state a claim upon which relief could be granted, filed by Defendants on May 1, 2012. Dkt. No. 12 (“Motion”). In asking the Court to dismiss Plaintiffs claims, Defendants argue that: (1) Plaintiffs claims against all Defendants for violation of the New York State Humans Rights Law (“NYSHRL”) are barred by the remedies provision in N.Y. Exec. L. § 297(9); (2) Plaintiffs claims of sex and age discrimination are not cognizable under 42 U.S.C. § 1981; (3) Plaintiffs claims of age discrimination are not cognizable under Title VII of the Civil Rights Act of 1964 (“Title VII”); (4) Plaintiff cannot bring a suit under Title VII or under the Age Discrimination in Employment Act (“ADEA”) against individual Defendants as these statutes do not allow for individual liability; (5) Plaintiffs claims under Title VII and the ADEA are time-barred by the applicable statute of limitations; and (6) Plaintiff fails to state a cause of action under Title VII or the ADEA. Mot. 1-2.

For the reasons stated below, Defendants’ Motion to dismiss is granted in part and denied in part.

II. BACKGROUND

A. Factual Background

Plaintiff is a fifty-one year old female.1 Compl. 3. Plaintiff was hired by U.S. Airways Express on August 9, 2001 and employed as a Customer Service Agent at Elmira Corning Regional Airport. Id. at 3. In September 2005, Plaintiff accepted a supervisory position at Newport News International Airport in Newport News, Virginia, with Piedmont Airlines (an affiliate of U.S. Airways Express). Id. Subsequently, in January of 2008, Plaintiff accepted a position with Piedmont Airlines at the Binghamton Regional Airport in New York. Id.

Upon joining the Binghamton Regional Airport office, Plaintiff worked with Defendant Hynes.2 Id. Plaintiff indicates that her professional relationship with Defendant Hynes seemed to be fairly amicable, with Defendant Hynes consistently praising Plaintiffs work. Id. Their relationship soured, however, when Defendant Hynes borrowed a sum of money from Plaintiff.3 Id. As a result of this loan, Defendant Hynes created a hostile working environment that involved denial of training opportunities, demotions, age discrimination, and derogatory comments. Id. Plaintiff points to specific events to demonstrate the treatment she alleges. For example, in May 2010, specific training necessary to maintain her position with Defendant Piedmont was held. Id. at 4. Plaintiff, however, was not included in the original schedule to attend this training with the other supervisors and agents and was added to the training schedule only after numerous requests to Defendant Hynes. Id. at 4. Plaintiff was the only supervisor not included in subsequent training sessions. Id. Further, in January 2008, Defendant Hynes without reason or cause revoked Plaintiffs access to the Mainline DECS, a system allowing supervisors to monitor and track flight information. Id. This in turn affected Plaintiffs ability to perform [457]*457her job as a senior supervisor effectively. Id. at 4-5.

Subsequently, in February 2009, Defendant Hynes promoted Austin Johnson to a supervisory position. Id. at 3. Johnson was a young male, approximately twenty-five years old and a close friend of Defendant Hynes. Id. Plaintiff alleges that at the time Johnson was promoted, he lacked the qualifications and training requirements necessary to be appointed to a supervisory position. Id. Nonetheless, Johnson was given the opportunity to work alongside Defendant Hynes in training new recruits. Id. at 5. As a result of the promotion, Johnson was scheduled and permitted to attend the same training sessions as Plaintiff. Id. at 4-5.

In addition to denying Plaintiff training opportunities, Defendant Hynes revoked certain responsibilities from her without explanation, gave Johnson priority, and made several remarks to and about Plaintiff regarding her age. Id. at 5. For example, Defendant Hynes regularly called Plaintiff the “golden girl” in a derogatory fashion to imply that she was the “oldest supervisor, the oldest female,” and the eldest among all the other agents. Id. at 6. Further, Defendant Hynes would encourage and instigate other derogatory remarks. Id. On July 7, 2010, Plaintiff was informed that Defendant Hynes told another supervisor, “Terri is such a fucking bitch and I cannot stand her.” Id. at 6. The supervisor speaking with Defendant Hynes replied, “[Y]es she is a fucking bitch.” Id. Plaintiff contends that she endured constant verbal and emotional abuse throughout her employment relationship with Defendants Hynes and Piedmont. Id. Plaintiff further claims that she raised her concerns with Defendant Hynes; however, the harassment and insults continued. Id. at 7. Plaintiff alleges that Defendant Hynes took those actions to prevent her from advancing in her career and to force her into terminating her employment with Defendant Piedmont. Id. at 3.

Plaintiff further contends that she raised her concerns with Defendant Hynes’s superior, Defendant Rocco. Id. at 7. Plaintiff and Defendant Rocco exchanged several emails and telephone calls regarding Plaintiffs complaints. Id. Defendant Rocco was aware of the problems between Plaintiff and Defendant Hynes, but took no action to correct the situation. Id. Plaintiff also brought her concerns to Defendant Foose, who worked in the Human Resources Department for Defendant Piedmont. Id. at 8. Defendant Foose dismissed Plaintiffs complaints by saying that Plaintiff had a “personality conflict” with Defendant Hynes and that there was nothing Defendant Foose could do for Plaintiff. Id. at 8.

On January 7, 2011, Plaintiff was terminated in a written communication citing her past history with the company. Id. at 7. Plaintiff claims that she never received any evaluation forms or discussion regarding her performance throughout the length of her employment with Defendant Piedmont. Id. at 8.

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Bluebook (online)
926 F. Supp. 2d 453, 2013 WL 665041, 2013 U.S. Dist. LEXIS 24386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorpe-v-piedmont-airlines-inc-nynd-2013.