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Roberta Gainer v. United Automobile

June 12, 2011

ROBERTA GAINER, PLAINTIFF,
v.
UNITED AUTOMOBILE, AEROSPACE, AGRICULTURAL IMPLEMENT WORKERS (UAW), REGION 9 AND GENERAL MOTORS DEPARTMENT OF UAW, DEFENDANT.



The opinion of the court was delivered by: William M. Skretny Chief Judge United States District Court

DECISION AND ORDER

I. INTRODUCTION

Plaintiff Roberta Gainer, proceeding pro se, commenced this employment discrimination action by filing a Complaint in the United States District Court for the Western District of New York. (Docket No. 1.) Plaintiff subsequently filed an Amended Complaint, alleging Defendant United Automobile, Aerospace, Agricultural Implement Workers (UAW), Region 9, General Motors Department of UAW ("UAW") discriminated against her on the basis of race/color (African American) and sex (female), and retaliated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (hereinafter, "Title VII") and the New York State Human Rights Law, N.Y. EXEC. L. §§ 296 et seq. (hereinafter, "NYHRL").

Presently before this Court is Defendant's Motion to Dismiss the Amended Complaint.*fn1 (Docket No. 16.) Plaintiff opposes the motion.*fn2 For the reasons stated below, Defendant's motion is granted in part and denied in part.

II. BACKGROUND

A. Facts

Plaintiff Roberta Gainer ("Plaintiff") is employed by General Motors. (Amended Compl. ¶ 19.) During the relevant time period, Plaintiff was a member of the UAW. (Docket No. 13 at 7.)

In 1999, Plaintiff was hired as a Special Assigned Internationally Appointed Representative ("Special Assigned") with the UAW. (Amended Compl. ¶ 19.) While Plaintiff worked as a Special Assigned, she applied for the position of UAW International Representative multiple times, but was consistently denied. (Id.)

B. Procedural History

On July 18, 2007, Plaintiff filed a charge with the EEOC, alleging UAW failed to hire her for the position of International Representative, and that its unwritten policy for filling such positions discriminates against blacks and females. (Docket No. 13 at 7-9). The EEOC issued a Notice of Right to Sue on April 25, 2008, and Plaintiff commenced this action on July 7, 2008. (Id. at 10.) Thereafter, on March 13, 2009, Plaintiff filed a charge of retaliation alleging that UAW's Regional Director filled out a questionnaire about her in or before February 2009, and in February she was notified that she was being removed from her position as Special Assigned. (Id. at 13-14.) The EEOC issued a Notice of Right to Sue on March 26, 2009. (Id. at 25.)

Plaintiff filed an Amended Complaint on May 6, 2009. (Docket No. 13.) Defendant filed the instant Motion to Dismiss on October 13, 2009. (Docket No. 16.)

III. DISCUSSION AND ANALYSIS

A. Standard of Review

Defendant argues the Amended Complaint should be dismissed in its entirety for failure to state any claim upon which relief ...


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