286 F. Supp. 3d 442
E.D.N.Y2018Background
- Plaintiff Anthony Jones, a 63-year-old long-time DOE math teacher and track coach at Boys and Girls High School, alleges age-based mistreatment culminating in his termination in August 2014.
- Jones claims a fraught relationship with Principal Bernard Gassaway, wrongful "coding" as a substitute (affecting pay/benefits), coerced agreement not to pursue grievances, and that a profanity incident used to justify termination was fabricated.
- He filed five successful prior grievances about miscoding; coworkers reported hearing Gassaway disparage older employees; a younger coach allegedly received more lenient treatment for comparable misconduct.
- Jones filed a DHR/EEOC dual charge (May 28, 2015); the DHR and EEOC dismissed; he sued in March 2016 asserting ADEA, Title VII, NYSHRL, and NYCHRL claims for discrimination, retaliation, and hostile work environment.
- Defendants moved to dismiss under Rule 12(b)(6). The court dismissed all state-law claims (election of remedies) and all Title VII claims, but allowed ADEA discrimination and retaliation claims against DOE to proceed; dismissed hostile work environment and claims against Gassaway.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NYSHRL/NYCHRL claims may proceed after DHR filing | Jones argued DHR filing named only DOE so individual/state claims should remain | Defendants argued election-of-remedies bars re‑litigation after DHR proceeding | Dismissed: election-of-remedies bars state-law claims against all defendants |
| Whether individuals (Gassaway) are liable under Title VII/ADEA | Jones sought relief against Gassaway personally | Defendants: individuals not liable under Title VII or ADEA | Dismissed: individual liability unavailable; Gassaway dismissed |
| Whether Jones exhausted administrative remedies for retaliation | Jones: DHR/EEOC submissions (even without checking retaliation box) put agency on notice of retaliation | Defendants: failure to check retaliation box means failure to exhaust | Denied: factual allegations in the charge were reasonably related to retaliation; exhaustion satisfied |
| Adequacy of federal claims (ADEA discrimination, retaliation, hostile work environment) | Jones alleged age, qualifications, adverse actions, temporal and direct evidence of retaliation, and pattern of mistreatment | Defendants: allegations insufficient, firing was for the profanity incident, and hostile-work-environment not shown | Mixed: ADEA discrimination and retaliation claims survive; hostile work environment dismissed; Title VII claims dismissed |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (establishes plausibility standard for motion to dismiss)
- Ashcroft v. Iqbal, 556 U.S. 662 (applies plausibility pleading standard and draws reasonable inferences)
- E.E.O.C. v. Port Authority, 768 F.3d 247 (discusses pleading requirements for discrimination claims in Second Circuit)
- Schiano v. Quality Payroll Sys., Inc., 445 F.3d 597 (individuals not liable under Title VII)
- Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (elements of prima facie ADEA/Title VII discrimination claim)
- Alfano v. Costello, 294 F.3d 365 (hostile work environment standard)
- Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (discrete acts/time-barred acts and use of prior acts as background)
- Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (but-for causation standard for ADEA)