United States District Court, E.D. New York
For the Plaintiff: Alero O. Mayor, Esq., Arverne, NY.
For the Defendant: Kevin James Smith, Esq., Of Counsel, Sheppard Mullin Richter & Hampton, LLP, New York, NY.
DECISION AND ORDER
ARTHUR D. SPATT, United States District Judge.
On April 18, 2014, the Plaintiff Gilberte Fouche (the " Plaintiff" ) commenced this action against her former employer, the Defendant St. Charles Hospital (the " Defendant" ). The Plaintiff asserted three claims for relief: (1) wrongful termination or constructive discharge in violation of the Employee Retirement Income Security Act (" ERISA" ), 29 U.S.C. § 1001 et seq., namely § 510 of ERISA; (2) retaliation in violation of New York Labor Law § 740 and New York Civil Service Law § 75-b; and (3) discrimination on the basis of race, color, gender, and national origin in violation of Title VII of the Civil Rights Act of 1964 (" Title VII" ), § 2000e et seq.
On July 16, 2014, the Defendant moved, pursuant to Federal Rule of Civil Procedure (" Fed. R. Civ. P." ) 12(b)(6), to dismiss the complaint in its entirety.
On September 8, 2014, the Court granted the Defendant's motion; dismissed the complaint in its entirety; and gave the Plaintiff twenty days to file an amended complaint limited to a claim under 42 U.S.C. § 1981, as amended by the Civil Rights Act of 1991.
On September 25, 2014, the Plaintiff filed an amended complaint, raising claims of discrimination and retaliation in violation of 42 U.S.C. § 1981.
On October 14, 2014, the Defendant moved, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss the amended complaint for failure to state a claim upon which relief can be granted.
For the reasons set forth below, the Defendant's motion to dismiss the amended complaint is granted.
Unless stated otherwise, the following facts are drawn from the amended complaint and construed in a light most favorable to the non-moving party, the Plaintiff.
The Plaintiff, a black female of Haitian national origin, is a resident of New York. She is a registered nurse (" RN" ) and was an employee of the Defendant, a hospital in Suffolk County, New York, from 2005 to 2011. The Plaintiff is a member of the New York State Nurses Association, a labor union that had a collective bargaining agreement with the Defendant at all the relevant times.
The Plaintiff's regular shift as an RN was in the Intensive Care Unit. On October 21, 2011, the Plaintiff covered the Telemetry Unit for the night shift. The Telemetry Unit provided continuing electronic monitoring. A white nurse had been granted overtime and had been scheduled to cover the Telemetry Unit that night. However, that nurse refused to work the shift in the Telemetry Unit and was, instead, permitted to work in the Intensive Care Unit. According to the Plaintiff, she was assigned to the Telemetry Unit as ...