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Espada v. Guardian Serv. Indus. Inc.,

Employee Can Litigate a Discrimination Claim Where Union Declines to Arbitrate Under CBA

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MEMORANDUM AND ORDER Plaintiff Luz Espada brought this action against Defendants Guardian Service Industries, Inc. (“Guardian”) and Angel Quiles (“Quiles”) pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), the New York State Human Rights Law, N.Y. Exec. L. §296 (“NYSHRL”), and the New York City Human Rights Law, N.Y.C. Admin. Code §8-107(1)(a) (“NYCHRL”), alleging sex discrimination and retaliation. (See Compl., ECF No. 1). Pending before the Court are two motions. First, Defendants move to compel arbitration and stay or, in the alternative, set aside the proceedings. (See ECF Nos. 7, 29). Second, Quiles has submitted a pro se letter dated February 22, 2019, which the Court construes liberally as a motion to dismiss the proceedings under Federal Rule of Civil Procedure 12(b)(5). (See ECF No. 20).¹ BACKGROUND The following background information is common to both sets of motions. Additional background information, where relevant, is set forth in the sections that follow. Guardian describes itself as a “full-service janitorial and building maintenance company” that “provides janitorial cleaning, building maintenance, and related services to commercial sites and buildings in and around the New York metropolitan region.” (Def. Mem. at 1, 3, ECF No. 7- 1, at 5, 7). Plaintiff worked for Guardian as a porter at an apartment complex in Staten Island. (See Compl.

18-19). At all relevant times, she was a member of the Service Employees International Union, Local 32BJ (“SEIU Local 32BJ” or the “Union”). (See Pl. Opp. at 1, ECF No. 14 at 6; Pl. Exs. C, D, ECF Nos. 13-4, 13-5). Plaintiff alleges that Quiles, her manager, persistently subjected her to sexual harassment, both verbal and physical, between October 2016 and May 2017. (See Compl.

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