Shafer v Morgane Le Fay Inc.

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Shafer v Morgane Le Fay Inc. 2012 NY Slip Op 32929(U) December 1, 2012 Sup Ct, New York County Docket Number: 102148/2011 Judge: Eileen A. Rakower Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication. [* 1] SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY Index Number : 102148/2011 SHAFER, JOHANNA INDEX NO. VS. MOTION DATE MORGANE LE FAY SEQUENCE NUMBER : 001 MOTION SEQ. NO. SUMMARY JUDGMENT , were read on this motion tolfor The following papers, numbered 1 to Notice of MotionlOrderto Show Cause Answering Affidavits -Amdavits - Exhibits - Exhibits M- ' * Replying Affidavits I "Lt Dated: 1. CHECK ONE: J I Ws). HON.EILEEN A. RAKOWER ..................................................................... [73 CASE DISPOSED ............. INo(s). IW s ) . NON*FINAL DISPOSITION 0OTHER GRANTED IN PART 0GRANTED 0DENIED uSUBMIT ORDER 3. CHECK IF APPROPRIATE: ................................................ 0 SETTLE ORDER 0DO NOT POST FlDUCl ARY APPOINTMENT 0REFERENCE 2. CHECK AS APPROPRIATE: ..MOTIONI : S [* 2] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 15 X JOHANNA SEIAFER a.k.a. SANDRA SHAFER, l------------l------________l_r_l_______---~--------------------- Index No. 102148/2011 Plaintiff, DECISION and ORDER - against MORGANE LE FAY INC. and LILIANA CASABAL, Mot. $q. 01 Defendants. HON. EILEEN A. RAKOWER Presently before the Court is defendants Mo Casabal s (collectively, Defendants ) motion for Johanna Shafer a.k.a. Sandra Shafer ( Plaintiff ) opposes. On March 16, 201 1, Plaintiff, a former employee of Defendants, filed an Amended Complaint against Defendants. The Amended Complaint asserts claims of employment discrimination under the New York City Human Right (Administrative Code of the City of New York, 8-107) (NYCHRL), New York Human Rights Law, $290 (NYHRL), Americans with Disabilities Act (ADA), and ADNTitle VI1 based on Defendants failure to promote Plaintiff, failure to provide Plaintiff with a reasonable accommodation, and termination of Plaintiffs employment. The alleged discrimination by Defendants relates to Plaintiffs Major Depressive Disorder, Thyroid disorder and Generalized Anxiety Disorder. Plaintiff claims that she has been treated for these conditions since 2005; the treatment of which continued throughout Plaintiffs employment with Defendants. Plaintiff also brought claims under the Fair Labor and Standards Act and the New York Labor Law for purported wage and hour violations. In her opposition to Defendants pending motion for summary judgment, Plaintiff has agreed to dismiss these claims. 1 [* 3] Casaba is a fashion designer, who owns and runs Morgane ,e Fay, Inc., a retai business with two shops in New York and two shops in California. According to the Amended Complaint, in February 2008, Plaintiff worked in a Ereelance capacity with Defendant Casabal, providing services on a fashion show. On December 15,2008, Plaintiff was hired by Defendants to manage their marketing communication efforts, which included public relations, advertising and events coordination. Plaintiff asserts that she agreed to a 90 day probationary period and that upon satisfactory completion, she would receive a permanent position for a minimum of one year and a salary increase. Plaintiff states that she completed the 90 day probationary period on March 14,2009, at which time she was provided a minimal pay increase, and provided a full time position with the Company. She was told that after a business trip a further discussion would be had to determine her annual salary. Plaintiff claims that she received a positive performance evaIuation in February 2009 and on May 2,2009 but no salary raise. On May 5,2009, Plaintiff states that she attempted to resign because she was under appreciated and compensated. In response, Casabal e-mailed her and stated that Plaintiff s resignation was not in the best interest for you (Plaintiff) or for Morgan Le Fay. . . I just want you [Plaintiffl to know that I value you and Love you very much and that I would hate to lose you. Plaintiff did not resign. On May 26, 2009, Plaintiff states that she received her first pay increase, but that her salary was not yet set to the amount she was promised. Plaintiff alleges that, On June 11, 2009 the Plaintiff and Defendant had a business meeting at which Plaintiff disclosed her disability to the Defendant and Defendant stated that she knew all along that there was something wrong with the Plaintiff* Plaintiff alleges that she requested that Defendant accommodate her disability by allowing her time to take her medication and that Defendant stated that she would not accommodate her disability but that the Defendant wanted the Plaintiff to stop taking all medication and instead turn to alternative healing methods. Plaintiff states that she was notified by Defendants on June 15, 2009 that she was being terminated and her last day would be June 24,2009. Defendants deny Plaintiffs allegations of discrimination based on disability. Defendants contend that, While Plaintiff claims that she was discriminated against and owed over time compensation, the record shows that she was working on a part-time temporary basis, refused opportunities to work on a free lance basis, and was not offered a permanent full-time position due to poor performance and financial conditions. Defendants contend that after the parties return from the California store 2 [* 4] openinghusiness trip in June 2009 and due to Plaintiff s continued poor performance on the trip, Defendant Casaba1 made the decision to let Plaintiff go. Defendants assert that they offered Plaintiff an opportunity to work on a freelance basis in a different capacity, which Plaintiff disputes. The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law. That party must produce sufficient evidence in admissible form to eliminate any material issue of fact from the case. Where the proponent makes such a showing, the burden shifts to the party opposing the motion to demonstrate by admissible evidence that a factual issue remains requiring the trier of fact to determine the issue. The affirmation of counsel alone is not sufficient to satisfy this requirement. (Zuckerman v. Ct of New York, 49 N.Y.2d iy 557 [1980]). In addition, bald, conclusory allegations, even if believable, are not enough. (Ehrlich v. American Moninger Greenhouse Mfg. Corp., 26 N.Y.2d 255 [ 19701). (Edison Stone Corp. v. 42ndStreet Development Corp.,145 A.D.2d 249,25 152 [ 1st Dept. 19891). Plaintiff alleges disability discrimination in violation of NYSHRL, N Y C H R L and the ADA. A plaintiff alleging discrimination in employment has the initial burden to establish a prima facie case of discrimination. TOmeet this burden, plaintiff must show that (1) she is a member of a protected class; (2) she was qualified to hold the position; (3) she was terminated from employment or suffered another adverse employment action; and (4) the discharge or other adverse action occurred under circumstances giving rise to an inference of discrimination. (Forrestv. Jewish Guild for the Blind, 3 N.Y. 3d 295,305 [2004] (citations omitted). Once the plaintiff proves a prima facie case, [tlhe burden then shifts to the employer to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support its employment decision (Id,). In order to nevertheless succeed on [his] claim, the plaintiff must prove that the legitimate reasons proffered by the defendant were merely a pretext for discrimination by demonstrating both that the stated reasons were false and that discrimination was the real reason. (Id). Under both the N Y S H R L , and the NYCHRL, it is an unlawful discriminatory practice for an employer, because of an individual s disability, to refuse to hire or to discharge such individual, or otherwise to discriminate against such individual in the terms, conditions and privileges of employment. (Miloscia v. B.R. Guest Holdings 3 [* 5] LLC, 33 Misc. 3d 466 (N.Y. Sup. Ct. 201 1) [citing Executive Law 296( l)(a); Admin. Code 8-107( l)(a)). To establish a case of disability discrimination, a plaintiff must show that he or she suffers from a disability, and the disability caused the behavior for which he or she was terminated. Miloscia, 33 Misc. 3d at 473 (citations omitted). An employer s failure to provide a reasonable accommodation to an employee s known disability is a form of discrimination under both the N Y S H R L and NYC ¬- ¬RL. (Miloscia, 33 Misc. 3d at 473). Here, Plaintiff has established a prima facie case of disability discrimination She has shown that she suffers from a disability, requested a reasonable accommodation from Defendants, and that Defendants refused to provide the accommodation. While Defendants state that Plaintiff was terminated based on legitimate, non-discriminatory reasons, Plaintiff disputes Defendants proffered reasons and points to her positive reviews. Accordingly, Plaintiff has raised an issue of fact regarding whether Defendants proffered reasons for terminating her were pretextual. Defendants motion for summary judgment as to Plaintiffs claims of disability discrimination is therefore denied. Defendants also move for summary judgment as to Plaintiffs claims under Title VII. Defendants contend that these claims must be dismissed because Plaintiff does not set forth any allegations of discrimination within her Amended Complaint or her Charge of Discrimination with the EEOC other than those premised on a theory of disability for which Title VI1 does not apply. Therefore, Defendants contend that the Court should dismiss any claim asserting Title VI1 violations for failure to state a claim and the failure to exhaust administrative prerequisites. In addition, Defendants contend that although Plaintiffs EEOC Charge of Discrimination indicates Retaliation as a basis of discrimination, Plaintiff asserts no facts that show Plaintiff ever engaged in a protected activity during her tenure with the Company. Plaintiff does not oppose this portion of Defendants motion. 4 [* 6] c Wherefore it is hereby, ORDERED that defendants Morgane Le Fay Inc. and Liliana Casabal s motion for summary judgment is granted only to the extent that the fourth, sixth, and seventh causes of action of the Amended Complaint are dismissed without opposition; and it is further ORDERED that the remainder of the action shall continue. This constitutes the decision and order of the court. All other relief requested is denied. DATED: Lu\w \1 EILEEN A. RAKOWER, J.S.C. 5

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