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Edward E. Brown v. Time Warner Cable

October 3, 2011

EDWARD E. BROWN, PLAINTIFF,
v.
TIME WARNER CABLE, AND JULIO LARROSA, DEFENDANTS.



The opinion of the court was delivered by: Honorable Paul A. Crotty, United States District Judge:

USDC SDNY

DOCUMENT

ELECTRONICALLY FILED

DOC #:

ORDER ADOPTING R&R

Pro se plaintiff Edward E. Brown ("Brown") brings this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq. ("Title VII") and the New York State Human Rights Law, N.Y. Exec. Law §§ 290, et seq. ("NYSHRL"), against defendants Time Warner Cable Inc. ("TWC") and Julio Larossa (collectively, "Defendants"). Brown alleges that Defendants discriminated against him and terminated his employment in retaliation for filing a complaint against TWC with the New York State Department of Human Rights (the "NYSDHR complaint").

Defendants move to dismiss Brown's Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and 28 U.S.C. § 1915(e)(2)(B)(i). On July 18, 2011, Magistrate Judge Ronald Ellis issued a Report and Recommendation ("R&R") recommending that the Court grant in part and deny in part Defendants' motion. The parties filed timely objections. The Court has reviewed the R&R, as well as the parties' objections. For the reasons that follow, the Court adopts Magistrate Judge Ellis's recommendations; Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART.

BACKGROUND*fn1

I. Facts

In June 2008, TWC offered Brown a job as a Regional Operations Center Operator ("RNOC Operator") contingent upon the satisfactory completion of a background check. TWC hired a third party contractor to conduct the background check, which mistakenly reported that Brown had a felony conviction for criminal possession of a controlled substance. On July 14, 2008, TWC rescinded Brown's offer of employment for failure to disclose the conviction in his employment application.

On March 13, 2009, Brown filed a NYSDHR complaint regarding TWC's failure to hire him. On March 26, 2009, TWC, having determined that the report of Brown's felony conviction had been a mistake, offered Brown a RNOC Operator position.

On April 17, 2009, Brown began a ninety-day probationary period at TWC. Brown alleges that shortly after he began working at TWC, Defendants undermined his performance in various ways in retaliation for having filed a NYSDHR complaint. On July 21, 2009, TWC terminated Brown's employment at the end of the probationary period.

II. Procedural History

On July 22, 2009, Brown filed a second complaint with the NYSDHR alleging that TWC discriminated against him during his employment and terminated him in retaliation for his previous complaint. On September 3, 2010, Brown obtained a Dismissal and Notice ...


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