United States District Court, W.D. New York
DAPHNE L. SPIKES BELL, Plaintiff,
CONTINENTAL SCHOOL OF BEAUTY, CHARLES SHUMWAY, BETTY VIEIRA, DARLENE COLLECHIO and KATHY DIDAS, Defendants
Daphne L. Spikes Bell, Plaintiff, Pro se, Rochester, NY.
For Continental School of Beauty, Charles Shumway, Betty Viera, Darlene Collechio, Kathy Didas, Defendants: Daniel J. Moore, LEAD ATTORNEY, Harris Beach LLP, Pittsford, NY.
DECISION AND ORDER
HON. ELIZABETH A. WOLFORD, United States District Judge.
Pro se Plaintiff Daphne Spikes Bell (" Plaintiff" ) brings this action against Defendants Continental School of Beauty (" Continental" ), Charles Shumway, Betty Vieira, Darlene Collechio, and Kathy Didas (collectively " Defendants" ) pursuant to 42 U.S.C. § 1981 alleging intentional discrimination based on her race and retaliation. Presently before the Court is Defendants' motion to dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. 6).
Plaintiff, who is African American, alleges that Defendants unlawfully discriminated against her on the basis of race and retaliated against her when she complained about discrimination while she was a student esthetician at Continental. Plaintiff references two incidents in her Complaint in an effort to support her claims (Doc. 1 at 3-4).
Plaintiff alleges that on February 19, 2013, following a disagreement with two Caucasian students, she was suspended from Continental for one week by defendants Betty Vieira and Kathy Didas, whom Plaintiff describes respectively as Continental's Directors of Esthetics and Operations (Doc. 1 at 3). Plaintiff alleges that she was accused by defendants Vieira and Didas of " making some Caucasian students feel unsafe" and that she was told that she had been the subject of ten previous " write-ups" (Doc. 1 at 3-4).
Thereafter, on or about March 11, 2013, Plaintiff filed a verified complaint with the New York State Division of Human Rights (" DHR" ). Plaintiff attaches a copy of that DHR complaint to her Complaint filed in this action. In the DHR complaint, Plaintiff alleges that she was punished for her purported failure to comply with Continental's rules and procedures, but two Caucasian students described as " Cassie and Frankie" were not similarly punished (Doc. 1 at 7).
Approximately one month after filing her first DHR complaint, on April 8, 2013, Plaintiff alleges she was involved in an incident with an African American student at Continental. Following this incident, defendant Charles Shumway, the President of Continental, and defendant Vieira allegedly confronted Plaintiff and ultimately expelled her from Continental. Although it is not entirely clear from the Complaint, Plaintiff appears to be alleging that prior to her expulsion, defendants Shumway and Vieira attempted to coerce
Plaintiff into signing a document " to build a case against" Plaintiff related to her DHR complaint, but she refused to sign the document (Doc. 1 at 4).
Plaintiff filed a second DHR complaint on April 25, 2013 (Doc. 6-1 at 2), and commenced the instant action on May 14, 2013 (Doc. 1). Defendants have moved to dismiss the Complaint pursuant to Rule 12(b)(6) arguing that Plaintiff failed to allege facts sufficient to support an inference ...