The opinion of the court was delivered by: Honorable Paul A. Crotty, United States District Judge:
On May 10, 2011, Plaintiff Dwight Noel ("Noel") filed this action against his former employer, JPMorgan Chase Bank N.A. ("Chase Bank")*fn1 and his former branch manager, Corrinne Roye ("Roye"), pursuant to Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e, et seq. ("Title VII"); the New York State Human Rights Law, N.Y. Exec. Law §§ 290, et seq. ("NYSHRL"); the New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101, et seq. ("NYCHRL"); and the Equal Protection Clause under the Fourteenth Amendment to the United States Constitution. Noel's primary allegation is that he was discriminated against and ultimately terminated on the basis of his gender.
Defendants move to dismiss Noel's claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendants claim that Noel's Title VII claims are untimely and that the Equal Protection Clause does not apply to actions by private actors. Since the federal claims fail, Defendants urge the Court to decline to exercise jurisdiction over Noel's state law claims.
For the reasons that follow, Defendants' motion to dismiss Noel's complaint is GRANTED.
From September 2006, through December 2009, Noel was employed by Chase Bank as a business banker at its retail branch located at Bedford and Dekalb Avenues in Brooklyn. (Compl. ¶¶ 14-17; Lieberman Aff., Ex. 4.) In April 2008, Roye became the branch manager of this retail branch. (Id. ¶ 15.)
Noel alleges that since September 2008, he has been subject to gender discrimination. (Id. ¶ 4.) Roye treated female employees more favorably than male employees. (Id. ¶ 4, 17-18.) Roye denied Noel and other male employees access to telephones, computers, fax machines, printers, and customers and falsified their employees' sales records. (Id. ¶ 4, 17-18.)
In December 2009, Chase Bank terminated Noel's employment. (Id. ¶ 6.) Noel alleges he was terminated "without good cause based on his gender." (Id.) In addition to gender discrimination, Noel alleges that he was subject to a hostile environment, ...