GERSHON, District Judge:
On July 17, 2012, plaintiff filed a complaint in the Supreme Court of the State of New York, County of Kings, alleging gender discrimination, hostile work environment, and retaliation, all in violation of New York State law, as well as other state law claims. On the basis of his third claim, which alleges that he experienced "retaliatory behavior" after filing a complaint against defendants with the Equal Employment Opportunity Commission ("EEOC"), defendants, on September 6, 2012, filed a notice of removal to this court, arguing that plaintiff's complaint alleges claims under Title VII of the Civil Rights Act of 1964 ("Title VII"), thereby establishing federal question jurisdiction under 28 U.S.C. § 1331.
On October 9, 2012, plaintiff filed a motion for remand to state court, arguing that he had neither pled nor cited any federal law in support of his claims, and that his claims are based solely on state law. In response, defendants argue, principally, that, because plaintiff's EEOC complaint was necessarily premised on a violation of federal rights, and because he alleges retaliation as a result of the EEOC complaint, plaintiff's retaliation claim arises under Title VII, despite the complaint's express allegations to the contrary.
Absent diversity jurisdiction, removal is normally improper unless a federal question appears on the face of plaintiffs well-pleaded complaint. See Franchise Tax Bd. of the State of California v. Construction Laborers Vacation Trust for S. Cal., et al., 463 U.S. 1, 9-10, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983). The removal jurisdiction of the federal courts is limited and should be "scrupulously confined." Shamrock Oil & Gas Corporation v. Sheets, et al., 313 U.S. 100, 109, 61 S.Ct. 868,
The sole basis for defendants' removal is that plaintiffs complaint can be read as asserting retaliation based on his filing with the EEOC of a claim of employment discrimination. However, the portion of plaintiff's complaint to which defendant refers clearly asserts a claim only under New York state law. See PL's Compl. at ¶¶ 56-60. Under N.Y. Exec. Law § 296(7) and N.Y. Admin. Code § 8-107(7), it is a violation of New York law to "retaliate or discriminate against any person because he or she has opposed any practices forbidden" by New York's antidiscrimination laws. Filing a federal EEOC complaint based on gender discrimination constitutes opposing a practice forbidden by New York law (i.e., gender discrimination), and therefore retaliating against plaintiff for filing such a complaint appears to provide plaintiff a tenable claim under New York law.
Therefore, this action is hereby remanded, pursuant to 28 U.S.C. § 1447(c), to the Supreme Court of the State of New York, County of Kings. See Bellido-Sullivan, 123 F.Supp.2d at 168 (remanding an employment discrimination case where it was "possible for [plaintiff] to make out a tenable [state law] claim" and noting that "the proper course is to allow plaintiff the benefit of the doubt in correctly alleging her causes of action"); see also Lupo v. Human Affairs Intern., Inc., 28 F.3d 269, 274 (2d Cir.1994) ("In light of the congressional intent to restrict federal court jurisdiction, as well as the importance of preserving the independence of state governments, federal courts construe the removal statute narrowly, resolving any doubts against removability.").
The Clerk of Court is directed to mail a certified copy of this order to the Clerk of the Supreme Court of the State of New York, County of Kings, and return all files to that court.