UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
January 14, 2011
JARROD MCCAIN PLAINTIFF,
DIMON & BACORN, A NEW YORK CORPORATION, MICHAEL SHAFER, LENARD HAINES [SIC] ,*FN1 DEFENDANTS.
The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge
DECISION & ORDER
Plaintiff commenced this action alleging employment discrimination claims pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII") and the New York State Human Rights Law ("Human Rights Law"). Defendants move to dismiss the Title VII claims brought against the individual defendants -- Michael Shafer and Lenard Haines. Plaintiff, through counsel, has responded and correctly acknowledged that, in the Second Circuit, "individuals are not subject to liability under Title VII." Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir. 2000) (per curiam); see Tomka v. Seiler Corp., 66 F.3d 1295, 1313 (2d Cir. 1995)("We now hold that individual defendants with supervisory control over a plaintiff may not be held personally liable under Title VII."), abrogated on other grounds by Burlington Indus. v. Ellerth, 524 U.S. 742, 118 S. Ct. 2257, 141 L. Ed.2d 633 (1998).
Therefore, Defendants' motion, dkt. #10, is GRANTED, and all Title VII claims against Defendants Michael Shafer and Lenard Haines are DISMISSED.
IT IS SO ORDERED DATED: