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Lawtone-Bowles v. City of New York

Only Failure to Accommodate Claim Survives in 2017 Bias Suit Arising From 2014 Accident

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OPINION & ORDER Nicole Lawtone-Bowles brings this pro se employment discrimination action against the City of New York (the “City”) under various federal, state, and local civil rights statutes. She alleges that the Department of Homeless Services (“DHS”) subjected her to discrimination, a hostile work environment, and retaliation based on her gender, race, and disability. She also claims that DHS failed to accommodate her disability. The City moves to dismiss the Second Amended Complaint (the “Complaint”) for failure to state a claim under Rule 12(b)(6). For the reasons that follow, the City’s motion is granted in part and denied in part.BACKGROUNDThe allegations in the Complaint are presumed true on this motion. This Court “may [also] consider the allegations contained in a pro se plaintiff['s] memorandum of law, where they are consistent with those in the complaint.” Coakley v. 42nd Pct. Case 458, 2009 WL 3095529, at *3 (S.D.N.Y. Sept. 28, 2009).Lawtone-Bowles, who self-identifies as American-Indian, is employed as a DHS motor vehicle operator. (Second Am. Compl., ECF No. 29 (“Compl.”) 1.) In September 2014, Lawtone-Bowles shattered both of her kneecaps in an automobile accident. Thereafter, she went on medical leave from her job at DHS’s Prevention Assistance and Temporary Housing Office (“PATH”) in the Bronx. (Compl. 10.)In March 2015, Lawtone-Bowles asked to return to DHS on “light duty.” Specifically, she claimed she could not drive certain types of commercial trucks or buses, squat or lift anything weighing more than twenty pounds, or travel for long hours. (Compl. 10.) DHS rejected her request because “light duty” was not available for her position as a motor vehicle operator. (Compl. 13.) After she submitted a doctor’s note, DHS allowed her to return to work on June 2, 2015 and transferred her to a Brooklyn facility. (Compl.

15, 17.) Lawtone-Bowles’s commute to the Brooklyn job site interfered with her physical therapy appointments, a concern she relayed to DHS. (Compl.

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