Greenberg v. Seton Educ. Partners
2025 NY Slip Op 25026
| N.Y. Sup. Ct., Nassau Cty. | 2025Background
- Plaintiff Bat El Greenberg was employed as an ICT math teacher at Brilla College Preparatory Charter Schools and claimed joint employment by Seton Education Partners.
- Plaintiff, an observant Jew, alleges she was threatened with termination by Seton's HR Director, Kevin Hanratty, for taking Jewish holidays off.
- Plaintiff was fired after taking off for Rosh Hashanah, Yom Kippur, and Simchas Torah, allegedly for pretextual reasons (verbal abuse and insubordination).
- Plaintiff sued for religious discrimination and retaliation under NYSHRL and NYCHRL, including aiding and abetting discrimination; Defendants moved to dismiss.
- Plaintiff cross-moved to further amend her complaint to bolster joint employer and failure to accommodate allegations.
Issues
| Issue | Plaintiff's Argument | Defendants' Argument | Held |
|---|---|---|---|
| Joint Employer Liability | Seton was a joint employer due to its control of HR and key Brilla decisions. | Seton only provided admin support; Brilla was the sole employer. | Allegations are sufficient at this stage to plead joint employment. |
| Statute of Limitations | 3-year limitation applies; charter schools not covered by Ed Law § 3813(2-b). | 1-year limitation for claims against charter schools should apply. | 3-year limitation applies; charter schools not included under Ed Law § 3813(2-b) per recent authority. |
| Religious Accommodation Discrimination | She requested religious leave, informed her employer, and was disciplined. | Insufficient facts to plead failure to accommodate; no showing of undue hardship by employer. | Sufficiently pleaded claim for failure to accommodate; undue hardship not required at motion to dismiss stage. |
| Retaliation and Aiding and Abetting | Dismissal was in retaliation and Hanratty aided/abetted discrimination. | No facts supporting retaliation or aiding/abetting; Hanratty cannot aid and abet his own conduct. | Retaliation and aiding/abetting claims dismissed; cannot aid and abet one’s own conduct, and facts were lacking. |
Key Cases Cited
- Brankov v. Hazzard, 142 A.D.3d 445 (1st Dep't 2016) (setting out the "immediate control" joint employer test under NYHRLs)
- Krause v. Lancer & Loader Group, LLC, 40 Misc. 3d 385 (Sup. Ct. 2013) (individuals cannot aid and abet their own discriminatory conduct)
- Delanerolle v. St. Catherine of Sienna Med. Ctr., 231 A.D.3d 1013 (2d Dep't 2024) (failure to oppose constitutes abandonment of claims)