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Black v. ESPN Inc.

Employment Discrimination Suit Survives; Disabled Plaintiff Was Fired After His Complaints

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 44 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION Plaintiff Devyn Black (“Plaintiff”), a “back-up stage manager,” filed this employment discrimination suit alleging, inter alia, that the above-named Defendants (“Defendants”) discriminated and retaliated against him on the basis of his disability in violation of Sections 290-297 of the New York State Human Rights Law (“NYSHRL”) and Title 8, Chapter 1, §8-107 of the New York City Human Rights Law (“NYCHRL”). Defendants move, pursuant to CPLR 3211(a)(7), for an order dismissing the Complaint in full for failure to state a claim. Plaintiff opposes the motion and cross-moves for an order (1) amending the Complaint to assert additional causes of action, and (2) deeming the proposed Amended Complaint (Doc. 40) served upon Defendants. Defendants oppose the cross motion. For the reasons below, Defendants’ motion to dismiss is denied, and Plaintiff’s cross motion is granted. I. Factual Background On November 16, 2018, Defendants, “who are in the business of televising sports events and news to the general public[,]” hired Plaintiff as a camera operator and subsequently promoted him to the position of a “ back-up stage manager” (Doc. 35 5; Doc. 40

4, 5). In November 2019, Plaintiff’s immediate supervisor, defendant David Glass (“Glass”), asked Plaintiff, in front of “numerous people” at work: “What’s wrong with your skin?” (Id. 6). Plaintiff responded that he suffered from a medical condition and, at a later date, asked Glass to be assigned to work in a warmer studio due to his skin condition (Id.

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