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Parks v. Buffalo City Sch. Dist.

Title VII, §1981(b) Claims Adequately Pleaded in Action Over Promotions' Denial

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DECISION AND ORDER I. INTRODUCTION   In this action, Plaintiff Christina Parks, an African-American female, alleges that her employer, Defendant Buffalo City School District (“the District”), discriminated and retaliated against her based on her race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (“Title VII”); the New York Human Rights Law (“NY HRL”), N.Y. Exec. Law §296; the Civil Rights Act of 1991, 42 U.S.C. §1981 (b); and the Equal Protection Clause of the Fourteenth Amendment through 42 U.S.C. §1983. Presently before this Court is the District’s motion to dismiss Parks’s complaint under Rule 12 (b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. (Docket No. 4.) For the following reasons, the District’s motion is granted in part and denied in part. II. BACKGROUND The following facts, drawn from Parks’s complaint and the exhibits attached thereto, are accepted as true for purposes of adjudicating the District’s motion to dismiss. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 572, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007) (“[A] judge ruling on a defendant’s motion to dismiss a complaint must accept as true all of the factual allegations contained in the complaint.” (internal quotation marks omitted)). Parks began working for the District in its Transportation Department in 1984 as a data control clerk. (Complaint, Docket No. 1, 8.) The District thereafter promoted her from civil-service-eligible lists to computer operator in 1989, computer programmer in 1990, systems analyst (grade 18) in 1999, and systems analyst (grade 19) in 2015. (Id.

9, 50.) But shortly after Parks’s promotion to systems analyst in 1999, the District stopped promoting her or hiring her for more advanced positions in favor of hiring Caucasian employees who often had less experience and less seniority. (Id.

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