MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff, Ann Bryant (“Plaintiff”), commenced this action pursuant to the Americans with Disabilities Act and the New York State Human Rights Law, alleging discrimination and harassment in her workplace. See Dkt. No. 1. On November 25, 2019, Defendant moved to dismiss pursuant to Rules 12(b)(6) and 12(c) of the Federal Rules of Civil Procedure. See Dkt. No. 13-3. Plaintiff opposed Defendant’s motion. See Dkt. No. 16. Presently before the Court is Defendant’s motion to dismiss the complaint in its entirety. For the following reasons, Defendant’s motion is granted in part and denied in part. II. BACKGROUND Plaintiff commenced this action on September 10, 2019, alleging disability discrimination, hostile work environment, and constructive discharge, in violation of the Americans with Disabilities Act and the New York State Human Rights Law. See Dkt. No. 1. Plaintiff was employed by Defendant as a custodial worker from January 2011 until she retired in September 2019. Id. at 8. Plaintiff claims that she was assaulted and injured at work by a student in January 2018. See id. at 14. Following the incident, Plaintiff claims she was subjected to a hostile work environment when, among other things, Defendant’s Director of Facilities, Paul Brissette (“Mr. Brissette”), summoned her to his office on January 17, 2018. See id. at 15. Plaintiff alleges that Mr. Brissette insisted that Plaintiff recount the details of her attack and forced Plaintiff to watch a video depicting part of the alleged attack several times, causing Plaintiff significant distress. See id. at
16-20. Plaintiff claims that Mr. Brissette attempted to convince her to drop her complaint by stating that the video did not show the student hitting her, as she alleged. See id. at 26. Finally, Plaintiff claims that Mr. Brissette openly threatened her in an attempt to get her to drop the complaint by telling her that if the police saw the video, she would be in “big trouble.” See id. at 27. Plaintiff sustained an injury to her rotator cuff as a result of the attack, causing her to take a medical leave of absence in March 2018. See id. at 30. Plaintiff alleges that while she was out on medical leave, she was denied “Longevity Pay,” however, she ultimately received that pay. Id. at
