Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stabler v. Congregation Emanu-El of City of New York

United States District Court, S.D. New York

July 28, 2017

ELIZABETH F. STABLER, Plaintiff,
v.
CONGREGATION EMANU-EL OF THE CITY OF NEW YORK, JOSHUA DAVIDSON, individually and in his official capacity, GADY LEVY, individually and in his official capacity, CARA GLICKMAN, individually and in her official capacity, JOHN HARRISON STREICKER, individually and in his official capacity, LAWRENCE HOFFMAN, individually and in his official capacity, JOHN AND JANE DOES 1-10, individually and in their official capacities, and XYZ CORP. 1-10, Defendants.

          Attorney for Plaintiff THE LAW OFFICE OF RUDY A. DERMESROPIAN, LLC By: Rudy A. Dermesropian, Esq.

          Attorneys for Defendants JACKSON LEWIS P.C. By: Scott T. Baken, Esq., Lauren G. Hanson, Esq.

          Attorneys for Defendant Rabbi Lawrence Hoffman PECHMAN LAW GROUP PLLC By: Louis Pechman, Esq., Lillian M. Marquez, Esq.

          OPINION

          SWEET, D.J.

         Defendants Congregation Emanu-El of the City of New York (the "Congregation"), Rabbi Joshua Davidson ("Rabbi Davidson"), Gady Levy ("Levy"), Cara Glickman ("Glickman"), and John Harrison Streicker ("Streicker") (collectively, the "Defendants") have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the First Amended Complaint ("FAC") of the plaintiff Elizabeth Stabler ("Stabler" or the "Plaintiff"). Defendant Rabbi Lawrence Hoffman ("Rabbi Hoffman") has separately moved to dismiss Plaintiff's FAC pursuant to Rule 12(b)(6). As set forth below, the motions to dismiss are denied and the parties are directed to engage in limited discovery with regard to the ministerial exception issue.

         I. Prior Proceedings

         Plaintiff initiated this action on December 13, 2016 and filed her FAC on December 20, 2016. The FAC alleges intentional creation of a hostile work environment, unlawful discrimination, harassment, retaliation, and unlawful adverse actions towards the Plaintiff based on: her gender in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. ("Title VII"), her age in violation of the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. ("ADEA"), and her disability and failure to accommodate in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. ("ADA"). Plaintiff alleges that the Defendants are also in violation of the Executive Law of the State of New York, New York State Human Rights Law, § 296 et seq. ("Executive Law"), and the Administrative Code of the City of New York, New York City Human Rights Law, § 8-101 et seq. ("Administrative Code").

         The Defendants' motion to dismiss was filed on February 3, 2017, and Rabbi Hoffman's motion to dismiss was filed on February 17, 2017. Both motions were heard and marked fully submitted on April 12, 2017.

         II. The Facts

         The facts as set forth below are drawn from the Plaintiff's FAC. They are taken as true for purposes of the motion to dismiss.

         Plaintiff is the former Librarian at the Congregation, serving from September 29, 1999 until her termination on May 12, 2015. Id. ¶ 33. Throughout this period, she was over the age of 40. Id. ¶¶ 2-3. By the time she was terminated, Plaintiff was in her late 60s. Id. ¶ 33.

         In or about 2012, Streicker became the Congregation's President of the Board. Compl. ¶ 16, 44. Streicker hired Rabbi Davidson in or about 2013 to take over as Senior Rabbi at the Congregation. Id. ¶¶ 7, 44. Rabbi Davidson hired Levy, who began to work as Director of the Skirball Center for Adult Jewish Learning in June 2014, and Glickman, who began to work as Executive Vice President in mid-July 2014. Id. ¶¶ 10, 13, 38, 45. Rabbi Hoffman was a consultant to the Congregation. Id. ¶ 19.

         Defendants John and Jane Does 1-10 are natural persons whose true identities are not yet known to Plaintiff and are partners, shareholders, principals, employees, agents, or persons otherwise associated with one or more of the other Defendants, or were otherwise in positions which enabled them to commit, or to aid and abet in the commission of, the wrongful acts against Plaintiff as alleged. Id. ¶ 22. Defendants XYZ Corp. 1-10 are additional entities whose true identities are not yet known to Plaintiff, which are owned or operated by, affiliated with, owned and/or managed by or for the benefit of one or more other Defendants, or any combination of any or all of them. Id. ¶ 23.

         Plaintiff's duties and responsibilities included, but were not limited to:

Assembling an automated 14, 000-item library from books stored for many years into a new library; expanding the library collection, including periodicals, books, children's materials, realia, audio-visual material and education enhancement tools; facilitating and organizing reading groups and a congregation-wide read-along with relevant lectures; developed and ran the Meet the Author and Library and Museum Lecture Series; conceived the "Who Are We" program series; worked with the Board of Trustees Cultural and Programming Committee; researched and implemented an upgrade to the library's automated system to allow offsite access to the library database; supported and developed resource material for adult education and other groups; maintained subscriptions to numerous periodicals; regularly attended and taught workshops, seminars and national library conventions; researched and facilitated continuing education class about iPad applications for teaching Hebrew; authored several articles for "How to Run a Jewish Library" published by the Association of Jewish Libraries; wrote articles for New York Metropolitan Area chapter of the Association of Jewish Libraries' NYMA News; Chaired the Association of Jewish Libraries 2004 National Convention held in Brooklyn, New York; appointed to represent the Association of Jewish Libraries as a member of an advisory committee for the American Theological Library ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.