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Tarantul v. NYC Health & Hosps. Corp.

Mother of Minors Makes Prima Facie Claim of Employment Discrimination

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION In this workplace discrimination and retaliation action brought under the New York City Human Rights Law (“NYCHRL”), Defendant moves, pursuant to Section 7511 and CPLR 3211(a)(7), to dismiss the complaint in its entirety. After consideration of the relevant caselaw and statutes, as well as a review of motion papers, the motion is granted in part. I. Background On January 2, 2018, Defendant, an integrated health care system of hospitals, hired Plaintiff as a coordinating manager for the Special Supplemental Nutrition Program for Women, Infants and Children (“WIC”) in charge of counseling program participants and coordinating their needs at Coney Island Hospital (Doc 19

1, 4). In mid-March 2020, “[a]s a result of the [COVID-19] pandemic and the resulting closures, [Plaintiff] lost her child care for her three young children (ages 2, 6 and 7)” and requested leave from her supervisor Mohammad Sharafi (“Sharafi”) to “oversee the care of her three children” pursuant to New York’s Family and Medical Leave Act (“FMLA”), which entitles eligible and approved employees up to a maximum of twelve weeks of paid and/or unpaid leave in a twelve-month period to care for an immediate family member (Amended Compl.

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