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16-957 - Richard v. New York City Department of Education


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16-957 - Richard v. New York City Department of Education
March 31, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 23 motion to dismiss for failure to state a claim. For the reasons discussed in the attached Memorandum and Order, the Court denies Defendant's motion to dismiss Plaintiff's retaliation claim but grants Defendant's motion to dismiss Plaintiff's (1) pre-March 19, 2014 Title VII claims as time-barred; (2) discrimination claims for failure to state a claim; (3) hostile work environment claim for failure to state a claim; and (4) state law claims for failure to file a notice of claim. Defendant shall provide further briefing within thirty days of this Memorandum and Order as to whether Margerum v. City of Buffalo is applicable to Plaintiff's NYSHRL and NYCHRL claims. In addition, Plaintiff is granted thirty (30) days from the date of this Memorandum and Order to file an amended complaint to allege a disparate-pay claim. Ordered by Judge Margo K. Brodie on 3/31/2017. (Daugherty, Shannon)