552 F. App'x 100
2d Cir.2014Background
- Plaintiff Lyudvig Gorokhovsky, a NYCHA employee, sued NYCHA and employees alleging discrimination (race, national origin, age), hostile work environment, and First Amendment retaliation under federal, state, and city laws.
- Claims asserted under ADEA, Title VII, 42 U.S.C. §§ 1981, 1983, 1985, NYSHRL, NYCHRL, and the First Amendment.
- District Court dismissed all claims except one discriminatory pay claim (which Gorokhovsky later withdrew with prejudice), citing failure to exhaust, untimeliness, and failure to state a claim.
- On appeal, the Second Circuit reviewed the 12(b)(6) dismissal de novo and evaluated pleading standards for the various statutory schemes.
- The Second Circuit reversed the dismissal of the NYCHRL claims, holding the district court had improperly applied federal/state standards rather than the NYCHRL’s independently liberal standard; it found the NYCHRL claims pleadable at the pleading stage.
- Because no viable federal claims remained, the Second Circuit declined supplemental jurisdiction and dismissed the NYCHRL claims without prejudice to refiling in state court; it affirmed dismissal of all other claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gorokhovsky pleaded discrimination and hostile work environment claims under NYCHRL | NYCHRL requires only differential treatment or even a single actionable comment to state a claim; his allegations suffice | NYCHA argued federal/state standards should govern and allegations were insufficient | Reversed: NYCHRL has a liberal, independent standard; pleadings adequate to state NYCHRL claims |
| Whether NYCHRL retaliation claim was adequately pleaded | Retaliation claim met NYCHRL standard that protected opposition + employer conduct likely to deter opposition | Defendants argued failure to state retaliation under harsher federal standard | Reversed: NYCHRL retaliation standard met at pleading stage |
| Whether federal and state claims (ADEA, Title VII, NYSHRL, §§1981/1983/1985, First Amendment) survived 12(b)(6) | Allegations of discrimination, hostile environment, and retaliation sufficient to proceed | Defendants argued untimeliness, failure to exhaust, and failure to state a claim | Affirmed: District Court properly dismissed all federal/state claims |
| Whether court should exercise supplemental jurisdiction over NYCHRL claims after federal claims dismissed | Plaintiff sought to proceed in federal court on NYCHRL claims | Defendants opposed continuation absent federal claims | Held: Declined to exercise supplemental jurisdiction; NYCHRL claims dismissed without prejudice to state-court filing |
Key Cases Cited
- Famous Horse Inc. v. 5th Ave. Photo Inc., 624 F.3d 106 (2d Cir. 2010) (standard of review for Rule 12(b)(6) dismissal)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (legal conclusions not entitled to assumption of truth)
- Leibowitz v. Cornell Univ., 584 F.3d 487 (2d Cir. 2009) (discussion of standards across federal, state, and local anti-discrimination laws)
- Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (2d Cir. 2013) (NYCHRL to be construed liberally and independently from federal/state law)
- Williams v. N.Y.C. Hous. Auth., 61 A.D.3d 62 (N.Y. App. Div. 2009) (even a single comment may be actionable under NYCHRL in appropriate circumstances)