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Osuan v. City of New York

Discrimination Claims Fail But Causal Relation Between Complaint, Firing Is Pleaded

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OPINION & ORDER Plaintiff Nekpen Osuan brings this employment discrimination and retaliation action against the City of New York (the “City”), Timothy Martin, and Dennis McGowan (together, “Defendants”) under 42 U.S.C. §1983 and the New York City Human Rights Law (the “NYCHRL”). Defendants move to dismiss the fourth amended complaint (the “Complaint,” ECF No. 43) pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, Defendants’ motion is granted in part and denied in part.:BACKGROUNDThe allegations in the Complaint are presumed true on this motion. From May to September of 2016, Osuan, a Nigerian national, worked on the analytics team at the New York City Department of Buildings (“DOB”). (Compl.

13, 16-17.) During those four months, Osuan claims she was the only non-U.S. citizen on the team. (Compl. 17.) Osuan reported directly to Martin, the Chief Analytics Officer, and was approved for a flexible schedule that allowed her to care for her family. (Compl.

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