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Bergesen v. Manhattanville College

Sexual Orientation Discrimination Claim Grounded on Presumed Stereotype Survives Dismissal

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OPINION & ORDER Plaintiff James Bergesen (“Plaintiff”) brings this Action against Manhattanville College (“Defendant” or the “College”) pursuant to Title VII, 42 U.S.C. §2000e, et seq., and the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §291, et seq., alleging that Defendant disciplined him based on his sexual orientation and to retaliate for his complaints about discrimination. (See Compl. (Dkt. No. 1).) Before the Court is Defendant’s Motion To Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (the “Motion”). (See Not. of Mot. (Dkt. No. 13).) For the reasons that follow, the Motion is granted in part and denied in part. I. Background A. Factual Background The following facts are taken from Plaintiff’s Complaint, (Compl.), and are assumed true for purposes of deciding the Motion. Plaintiff, an adult gay male, was hired as an employee by Defendant, a private university, in 2004. (Compl.

6, 7, 11.) Plaintiff had the title Adjunct Professor and taught art and artrelated classes. (Id.

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