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Holmes v. YMCA of Yonkers Inc.

Remedy Exhaustion Argument Rejected; 'Sparse' Pleadings State Title VII, ADEA Bias Claims

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OPINION AND ORDER   Plaintiff Michael T. Holmes brings this action against defendants YMCA of Yonkers, Inc. (“YMCA”), and John and Jane Does, alleging age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), and gender discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). Plaintiff also brings corresponding state law claims for age and gender discrimination under the New York State Human Rights Law (“NYSHRL”).1 Now pending is YMCA’s motion to dismiss the complaint pursuant to Rule 12(b)(6). (Doc. #8).2 For the following reasons, the motion is GRANTED IN PART and DENIED IN PART. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §1331. BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all well-pleaded factual allegations in the complaint, and draws all reasonable inferences in plaintiff’s favor, as summarized below. Plaintiff, a 63-year-old African-American man, served as the president and chief executive officer (CEO) for YMCA beginning on November 21, 2016. According to the complaint, during that time he “served Defendant with distinction” and “made significant achievements during his short tenure.” (Doc. # 1 (“Compl.”)

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