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Antoine v. State Univ. of N.Y. Downstate Med'l Ctr.

Complaints Over Restructuring Not Protected Activity; Title VII Retaliation Suit Dismissed

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MEMORANDUM AND ORDER Kevin Antoine brings this action against his former employer, State University of New York Downstate Medical Center (“Downstate”), asserting claims of retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C §2000e et seq. and the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §290 et seq. Downstate now moves to dismiss the action under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, the motion to dismiss is GRANTED. BACKGROUND Antoine was employed by Downstate as its Chief Diversity Officer (“CDO”) from 2008 to 2018. (ECF No. 1-2, “Compl.”

9, 57). Downstate is one of 64 campuses within the State University of New York (“SUNY”).1 As CDO, Antoine was tasked with implementing its affirmative action policy and overseeing the creation of a standalone Office of Diversity and Inclusion (“ODI”), which previously operated within Downstate’s human resources (“HR”) department. (Id.

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