MEMORANDUM DECISION AND ORDER I. Introduction Plaintiff Patricia Gunning commenced this action against defendants New York State Justice Center for the Protection of People With Special Needs (hereinafter “the Justice Center”) and James Kiyonaga pursuant to Title VII1 and 42 U.S.C. §1983. (Compl., Dkt. No. 4.) Pending are defendants’ motions to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. Nos. 44, 46.) For the reasons that follow, the Justice Center’s and Kiyonaga’s motions are granted in part and denied in part. II. Background A. Facts2 In June 2013, Gunning was appointed to the position of Special Prosecutor/Inspector General at the Justice Center. (Compl. 9.) In this role, Gunning oversaw a “large team,” including “three units that were set up to ensure the quality of care in facilities under the Justice Center’s jurisdiction.” (Id. 11.) Kiyonaga, as Deputy Executive Director of the Justice Center, and later as Acting Executive Director, was Gunning’s direct supervisor. (Id. 12.) Kiyonaga “regularly subjected [Gunning] to unwanted and offensive sexualized comments.” (Id. 21.) For instance, Kiyonaga told Gunning “she hired ‘hot’ female employees,” and “rated the attractiveness of her staff,” (id. 22); he “commented on female hires whom he did not find attractive,” (id.); after finding out that one of Gunning’s “direct reports is bisexual,” he told her he found that to be “fucking hot,” (id. 23); he “wondered aloud to [Gunning] if he would ‘get laid’ by his wife after she saw the movie ‘Fifty Shades of Grey’ without him,” (id. 24); and he “fixated” on the “sexual proclivities” of “prosecuted offenders who had sexually abused children or the disabled,” and asked Gunning “repeatedly what made someone ‘get off’ on having sex with a child or a vulnerable disabled person,” (id. 25). Kiyonaga also “appeared to openly pursue[] a sexual relationship with a female Justice Center subordinate employee, ‘D.L.,’” (id. 27), whom he would often socialize with and keep in his office for hours, alone, with the door closed, (id. 28). Kiyonaga changed policy and procedure at the Justice Center “to benefit D.L. at the expense of other employees, including by promoting her to a high-level position for which she was not qualified.” (Id. 29.) In July 2015, Gunning “raised concerns” about Kiyonaga’s relationship with D.L. to both Kiyonaga as well as the Justice Center’s then-Executive Director. (Id.
30-31.) “Within a few months” of this “complaint,” Kiyonaga began to retaliate against Gunning. (Id.
