63 F. Supp. 3d 214
N.D.N.Y.2014Background
- Jackson, an African-American nurse technician, started a one-year probationary employment at SUNY Upstate in Aug. 2011; she disclosed a pregnancy to her supervisor Karen Battaglia in April 2012.
- Jackson experienced pregnancy-related complications after lifting a patient, received a doctor’s recommendation for two weeks of light duty, and reported coworkers’ refusals to assist her with patient transfers.
- Supervisors allegedly told Jackson SUNY Upstate does not accommodate pregnant employees; she was disciplined after complaining and terminated during her probationary period in June 2012.
- Jackson’s Second Amended Complaint asserted Title VII (gender, race, hostile work environment, retaliation), ADA (disability, retaliation), § 1981 and § 1983, and NYSHRL claims against SUNY Upstate and Battaglia (individually).
- Defendants moved for partial judgment on the pleadings under Rule 12(c); the court considered whether individual liability under Title VII/ADA, Eleventh Amendment immunity, and sufficiency of discrimination and failure-to-accommodate claims survived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Individual liability under Title VII and ADA for Battaglia | Jackson sued Battaglia individually for Title VII and ADA violations | Individuals are not liable under Title VII or the ADA | Dismissed: Title VII and ADA claims against Battaglia are barred as a matter of law |
| State sovereign immunity (Eleventh Amendment) for SUNY Upstate on ADA, §1981, §1983, NYSHRL claims | Jackson seeks relief against SUNY Upstate (state instrumentality) | SUNY Upstate is protected by Eleventh Amendment; no waiver or valid abrogation; Ex parte Young inapplicable because no ongoing violation or proper prospective relief alleged | Dismissed: those claims against SUNY Upstate barred by Eleventh Amendment |
| Sufficiency of race and gender (pregnancy) discrimination claims | Jackson alleges notice of pregnancy, adverse actions (denied shift, discipline, termination), and pattern of terminating African-American probationary employees | Defendants contested qualifications and argued pleading deficiencies | Denied: Title VII race and gender claims against SUNY Upstate survive; NYSHRL and §1981 claims against Battaglia survive (pleading meets Twombly/Iqbal standard) |
| Failure-to-accommodate (NYSHRL) based on pregnancy against Battaglia | Jackson alleges pregnancy complications, doctor’s recommended light duty, notice to Battaglia, and refusal to accommodate | Defendants pointed to a doctor’s return-to-work note and argued insufficiency | Denied: NYSHRL failure-to-accommodate claim against Battaglia survives at this stage |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state plausible claim, not mere labels and conclusions)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (Twombly pleading standard applies across civil cases)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (framework for prima facie employment discrimination claims)
- Tomka v. Seiler Corp., 66 F.3d 1295 (2d Cir. 1995) (personal involvement standard for individual liability under §1981/NYSHRL)
- Bogle-Assegai v. Connecticut, 470 F.3d 498 (2d Cir. 2006) (Eleventh Amendment bars certain §1981/§1983 claims against states)
- Saulpaugh v. Monroe Cmty. Hosp., 4 F.3d 134 (2d Cir. 1993) (§1983 cannot duplicate Title VII protections; §1983 requires distinct constitutional basis)
- Ginsburg v. City of Ithaca, 839 F.Supp.2d 537 (N.D.N.Y. 2012) (12(c) standard is identical to 12(b)(6))
- Thomas v. N.Y.C. Dep’t of Educ., 938 F.Supp.2d 334 (E.D.N.Y. 2013) (individuals not liable under Title VII)