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Maragh v. The Roosevelt Island Operating Corp.

Only Discrimination, Hostile Work Site Claims Survive in §1983 Suit Over 2015 Firing

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OPINION AND ORDER Plaintiff Othniel Evans Maragh brings a potpourri of claims against his former employer, the Roosevelt Island Operating Corporation (“RIOC”), and former co-workers, including claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., the New York State Human Rights Law (“NYSHRL”), and the New York City Human Rights Law (“NYCHRL”). Defendants move, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss Maragh’s claims. See Docket Nos. 60 and 79. For the reasons stated below, their motions are granted in part and denied in part, and all of Maragh’s claims, other than his discrimination and hostile work environment claims, are dismissed.BACKGROUNDThe following facts, taken from the Second Amended Complaint, are assumed to be true for the purposes of this motion. See, e.g., Kalnit v. Eichler, 264 F.3d 131, 135 (2d Cir. 2001). Maragh, who is a black man, was a full-time employee of the RIOC from 2006 to 2015. See Docket No. 53 (“SAC”),

2, 24-26, 45. Maragh began as a temporary paralegal in August 2006, accepted a fulltime role as a Purchasing Assistant a few months later, and was promoted to Inventory Clerk in 2011. See id.

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