JOANNA SEYBERT, District Judge.
Plaintiff Tina M. Carr ("Plaintiff") commenced this action against defendant North Shore — Long Island Jewish Health System, Inc. ("Defendant"), alleging unlawful discrimination and failure to hire on the basis of sex and religion in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e
Plaintiff is a transsexual female and a member of the Unitarian Universalist Church. (Am. Compl., Docket Entry 18, ¶ 7.) Plaintiff was a student of the Sanford Brown Institute in Melville, NY ("Sanford Brown"), and was working toward her Associates degree in Applied Sciences. (Am. Compl. ¶ 7.) In the summer of 2012, Plaintiff was among a group of students proposed by Sanford Brown to Defendant for a medical assistant extern position. (Am. Compl. ¶¶ 9-10.) On August 13, 2012 and without an in-person interview, Defendant selected Plaintiff for an externship. (Am. Compl. ¶¶ 12-13.)
Before her externship began, Plaintiff interviewed for a full-time, position with Christine Torre ("Torre"), an employee of Defendant. (Am. Compl. ¶ 14.) There, Torre explained that successful completion of the externship program would culminate in an offer of employment with Defendant. (Am. Compl. ¶ 15.) In subsequent correspondence, Plaintiff continued to express her interest in Defendant as an employer. (Am. Compl. ¶ 16.)
Plaintiff began her externship on August 27, 2012 under the supervision of Christine Demers ("Demers"). (Am. Compl. ¶ 17.) Plaintiff alleges that even though Demers was typically cordial with Plaintiff one-on-one, she harbored a discriminatory animus against Plaintiff based upon her gender and religion. (Am. Compl. ¶¶ 18, 24-25.) Plaintiff alleges that despite their friendly one-on-one interactions, Demers consistently demeaned Plaintiff in the presence of others. (Am. Compl. ¶ 18.)
Although Plaintiff alleges that Demers routinely disparaged her in the presence of others, she recounts only one incident with any specificity. On September 25, 2012, while Plaintiff was working under Demers, Plaintiff alleges that she entered into a patient's room in which Demers and the patient's mother were speaking. (Am. Compl. ¶¶ 24-25.) Demers, unaware that Plaintiff entered the room, allegedly told the patient's mother "that Unitarian Universalist is not a religion that is recognized by Jesus, and the he-shes . . . and the gays will needs to answer to Jesus someday." (Am. Compl. ¶ 25.)
In addition to her overhearing Demers' remark, Plaintiff alleges that she sometimes heard "chatter," or sometimes received "stares" from other employees when she attempted to use the female employee restroom. (Am. Compl. ¶ 20.) Plaintiff does not describe the contents of this chatter, its speakers, or which employees inappropriately stared at her.
On September 25, 2012, Plaintiff received an email from Torre asking her not to return to her externship. (Am. Compl. ¶ 27; Schmid Aff., Docket Entry 21, Ex. 4.) Plaintiff responded to Torre's email the following morning, discussing Demers alleged mistreatment. (Am. Compl. ¶¶ 28, 30.) Plaintiff did not receive a response from Torre until Plaintiff received a copy of Demers' evaluation of her, dated on October 3, 2012. (Am. Compl. ¶ 31.)
From these facts, Plaintiff alleges that Demers executed a systematic attack against Plaintiff by shaming her and then privately being nice to her, with the objective of Plaintiff being terminated before the externship concluded in order to preempt her employment with Defendant. (Am. Compl. ¶ 29.) Plaintiff alleges that all, or nearly all, of Plaintiff's peers at Sanford Brown that completed an externship with Defendant were offered and accepted permanent positions with Defendant. (Am. Compl. ¶ 33.) Plaintiff further claims that it is Defendant's custom and practice to offer permanent positions to externs upon successful completion of the externship program. (Am. Compl. ¶ 34.)
On August 5, 2013, Plaintiff filed an administrative complaint with the New York State Division of Human Rights (the "Division") and the Equal Employment Opportunity Commission ("EEOC") alleging discrimination on account of sex and religion. (Schmid Aff., Ex. 2.) On or about February 27, 2014, Plaintiff received a Notice of Right to Sue from the EEOC. (Am. Compl. ¶ 5.) On October 6, 2014, Plaintiff filed this action, asserting claims for failure to hire based on sex and religion under Title VII and the NYSHRL. (Am. Compl. ¶¶ 35-36.)
The Court will first set forth the applicable legal standard before turning to the Health System's motion to dismiss more specifically.
In deciding a Rule 12(b)(6) motion to dismiss, the Court applies a "plausibility standard," which is guided by "[t]wo working principles."
Title VII makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1). The NYSHRL contains a similar provision. N. Y. EXEC. LAW § 296 (McKinney).
Defendant first argues that Plaintiff did not apply for employment with the Health Systems. (Def.'s Br., Docket Entry 20, at 8.)
An essential element of a failure to hire claim is that a plaintiff allege that she applied for a specific position and was rejected.
By participating in the externship that both Defendant and her understood would lead to an offer of permanent employment, Plaintiff expressed her interest in a certain class of positions.
Next, Defendant argues that the rejection of Plaintiff for a full time position did not occur under circumstances supporting an inference of either gender or religious discrimination. The Court agrees.
Although Plaintiff alleges that Defendant orchestrated a "systematic attack" in order to preempt her from earning fulltime employment, she recounts only one incident of any arguable gender or religion-based bias: that she overheard Demers state that "he-shes . . . and the gays will need to answer to Jesus some day." (Am. Compl. ¶¶ 25, 29.) It is well-settled, however, that a single stray remark, without more, is insufficient to state a claim for discrimination.
Plaintiff attempts to supplement her allegations of Demers' remark by explaining that Demers was hostile to Plaintiff on other occasions. However, given the complete lack of specificity regarding these other occasions, the Court gives these threadbare allegations no weight.
Because Plaintiff did not adequately plead that Defendant's rejection of her candidacy for full-time employment arose under circumstances giving rise to an inference of discrimination, Plaintiff's claims fail.
Although Plaintiff has not requested leave to replead, the Second Circuit has stated that "[w]hen a motion to dismiss is granted, the usual practice is to grant leave to amend the complaint."
For the foregoing reasons, Defendant's motion to dismiss (Docket Entry 19) is GRANTED, and Plaintiff's claims are DISMISSED WITHOUT PREJUDICE to the filing of a Second Amended Complaint. Any Second Amended Complaint must be received within thirty (30) days of the date of the entry of this Memorandum and Order. If the Court does not receive a Second Amended Complaint within thirty (30) days of the date of the entry of this Memorandum and Order, Plaintiff's claims will be dismissed with prejudice.
SO ORDERED.