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Gibson v. N.Y.S. Office of Mental Health

Lack of Adverse Employment Consequences Lead to Denial of Title VII , ADEA Claims

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DECISION and ORDER Currently before the Court, in this civil rights action filed by Christine Gibson (“Plaintiff”) against the New York State Office of Mental Health (“NYSOMH”), the Central New York Psychiatric Center (“CNYPC”), and John Does(s) and Jane Doe(s) (collectively “Defendants”) pursuant to the Family Medical Leave Act (“FMLA”), the New York State Human Rights Law (“NYSHRL”), Title VII of the Civil Rights Act of 1964 (“Title VII”), and the Age Discrimination in Employment Act (“ADEA”), is Defendants’ motion for judgment on the pleadings with regard to three of the four claims in Plaintiff’s Amended Complaint pursuant to Fed. R. Civ. P. 12(c). (Dkt. No. 12.) For the reasons set forth below, Defendants’ motion is granted.I. RELEVANT BACKGROUNDA. Plaintiff’s Amended Complaint¹Generally, liberally construed, Plaintiff’s Amended Complaint asserts four causes of action. (Dkt. No. 2 [Pl.'s Am. Compl.].) First, Plaintiff claims that Defendants willfully denied her request for leave to care for her daughter under the FMLA on or after February 28, 2013 (“First Claim”). (Id. at

17-22.)Second, Plaintiff claims that Defendants discriminated against her in matters related to her employment because of her gender and age in violation of the NYSHRL; specifically, Plaintiff alleges that Defendants denied her request for a hardship accommodation in the form of a shift change in order to allow her to care for her grandsons, of whom she became the legal custodian in October 2015, while granting hardship accommodations for male and younger employees (“Second Claim”). (Id. at

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