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Biondolillo v. Livingston Correctional Facility

Prison Nurse's Sex, Pregnancy Discrimination Suit Survives Dismissal

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DECISION AND ORDERINTRODUCTION  Plaintiff Amy Biondolillo brings this putative class action, individually and on behalf of all others similarly situated, against Defendants Livingston Correctional Facility, Tamara Kennedy, and the New York State Department of Corrections and Community Supervision (“NYS DOCCS”). Specifically, Plaintiff brings the following claims, on behalf of herself and the putative class: (1) gender discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §2000e-5(f) et seq., as amended, 42 U.S.C. §1983, and the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §§290 et seq.; (2) pregnancy discrimination under Title VII, 42 U.S.C. §2000e(k) et seq., as amended, and the NYSHRL; (3) age discrimination under the Age Discrimination Employment Act (“ADEA”), 29 U.S.C. §§623, and the NYSHRL; (4) pregnancy-related disability discrimination under the Americans With Disabilities Act (“ADA”), 42 U.S.C. §§12101 et seq., as amended, and the NYSHRL; (5) “other forms of discrimination” under 42 U.S.C. §1983; (6) wrongful termination under Title VII, the ADA, the ADEA, and the NYSHRL; (7) common law intentional infliction of emotional distress; and (8) common law negligent hiring, retention, and supervision.To redress these claims, Plaintiff seeks, both individually and on behalf of the putative class, declaratory and injunctive relief; front pay; compensatory, nominal, and punitive damages; and attorneys’ fees and costs. On October 5, 2017, Defendant moved to dismiss this case. ECF No. 6. For the reasons stated below, Defendant’s Motion to Dismiss is DENIED.BACKGROUND1Plaintiff began employment with Livingston Correctional as a Registered Nurse in June of 2016. ECF No. 1 at

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