The opinion of the court was delivered by: Glasser, District Judge.
In this Title VII action, plaintiff Gloria Woodcock
("Woodcock"), an American citizen of Panamanian origin, claims
discrimination based on race and national origin. Defendant
Montefiore Medical Center ("Montefiore") now moves to dismiss
portions of plaintiff's First, Second and Third Causes of Action,
and the Fourth Cause of Action in its entirety pursuant to Rules
12(b)(1), 12(b)(6) and 12(c) of the Federal Rules of Civil
Procedure. For the following reasons, defendant's motion is
On July 1, 1989, Woodcock was hired by Montefiore as a Patient
Care Coordinator for the Pediatric Unit of the hospital's
Comprehensive Family Care Center.*fn1 She remained in that
position until she resigned on July 3, 1996. In her letter of
resignation, she states the following:
However, the mandated changes in my working
conditions and the increase in my traveling time
aggravates a preexisting physical condition which
makes it difficult for me to continue my association
with CFCC. In addition, it has been and continues to
be increasingly difficult for me to take my vacations
appropriately due to staff shortage.
Therefore, I am resigning my position as the
Patient Care Coordinator of Pediatrics. . . .
Effective July 3, 1996.
Despite the glowing assessment of her employment relationship
with Montefiore, plaintiff filed a charge of discrimination
directly with the New York State Division of Human Rights
("NYSDHR") on April 9, 1997, alleging that Montefiore
discriminated against her on the basis of her national origin in
violation of Title VII 42 U.S.C. § 2000e, et seq. and New
York's Human Rights Law (N.Y.Exec.Law § 290, et seq.). See
Exhibit B to Answer. That agency forwarded plaintiff's complaint
to the Equal Employment Opportunity Commission ("EEOC"), which
actually investigated the claim and ultimately issued plaintiff a
"Right to Sue" letter.
Woodcock then filed the present action, which, in addition to
the charge of national origin discrimination alleged in her
NYSDHR complaint, alleges discrimination based on her race and
ethnicity in violation of Title VII, New York's Human Rights Law
and 42 U.S.C. § 1981, and a claim for breach of contract.
Regarding the discrimination complained of, plaintiff alleges
that her former supervisor, Joann Richardson, began to harass her
in July 1995 "by making derogatory remarks about `people from the
Island' and by speaking to [her] in a[n] unprofessional manner
using many profanities." Compl. ¶ 7. Plaintiff claims that these
alleged comments triggered a preexisting asthmatic condition
which was in remission, and aggravated a lymph edema, thereby
forcing her to resign. Id. ¶¶ 10, 13.
Defendant now moves to dismiss: (1) those portions of the First
and Second Causes alleging racial discrimination and violations
of the Human Rights Law asserting that this Court lacks
jurisdiction to hear those claims; (2) the Third Cause of Action,
premised upon a violation of 42 U.S.C. § 1981 to the extent it is
based on national origin discrimination; and (3) the Fourth Cause
of Action for breach of contract in its entirety.
A. Standard for Motion to ...