See Kent, 179 F. Supp.2d at 111-12 (finding claim reasonably related where plaintiff alleged in complaint that her "supervisor retaliated against her by treating her in a negative manner, both personally and professionally," because she filed an administrative charge).
Other seemingly minor actions after the second administrative charge fit within this exception. Plaintiff alleges conditions were attached to the use of his leave time that were not present for other employees. Plaintiff alleges school district officials contacted the parents of children who rode the bus he drove, and asked them if they had complaints about plaintiff. While it is admitted that both of these actions, or all the acts alleged by plaintiff for that matter, may indeed have their roots in nonretaliatory bases, it is also reasonable that they were in furtherance of the retaliatory policy applied to plaintiff.
Plaintiff also alleges the filing of civil service charges, which resulted in his suspension and then termination, were the culmination of the retaliatory policy. The Amended Complaint is sufficiently plead to support such a conclusion. While defendants may indeed prevail upon the jury that such termination was justified, it is inappropriate, as a matter of law, to make such a determination at this stage.
Defendants' argument that the retaliatory acts were not sufficiently related in time and substance to the retaliatory policy also fails. The Amended Complaint sufficiently alleges such relation, and such an issue is for the jury to consider. At this stage of the litigation, the numerous allegations of application of the retaliatory policy, spanning a time period of multiple years, is sufficient to overcome dismissal. Therefore, all events, meetings, conversations, and acts alleged by plaintiff in the Amended Complaint are appropriately considered as part of his Title VII claim.
Finally, it must be remembered that plaintiff is alleging a policy of retaliation. He is not alleging that each act by school district officials is independently actionable. Instead, the argument is that each act was a building block, or pinprick, of the retaliatory policy. If courts did not allow such policy claims, necessarily made of such smaller events, to proceed and afford plaintiff's relief if a jury so decides, then employers could feel free to insulate themselves from liability by simply instructing their charges to do anything detrimental to employees short of actual termination or demotion. Working environments could willfully be made hellacious or intolerable for employees, and plaintiffs' only recourse would be to quit. This is clearly not what Congress intended in enacting the anti-retaliation provision of Title VII. The legislation was intended instead to prevent just such behavior.
Plaintiffs Amended Complaint alleges sufficient facts to overcome defendants' motions for dismissal. With respect to his § 1983 claims, the availability of the continuing violations doctrine is not foreclosed as a matter of law, and the Amended Complaint raises factual questions on the substantive merits. With respect to his Title VII claims, the acts not alleged in the administrative complaint but asserted in the Amended Complaint are reasonably related and therefore appropriately considered.
Accordingly, it is
1. Defendant Guilderland Central School District's motion to dismiss plaintiff's first and second causes of action is DENIED;
2. Defendant Paul Pristera's motion to dismiss plaintiff's fifth cause of action is DENIED.
3. Pursuant to stipulation, the third and sixth causes of action are DISMISSED; and
4. The defendants shall file and serve Answers to the Amended Complaint on or before January 20, 2003.
IT IS SO ORDERED.