OPINION & ORDER Plaintiff Nicholas Earl, a critical care nurse, commenced this action against Good Samaritan Hospital of Suffern (the “Hospital”), Bon Secours Charity Health System (“Bon Secours”), and Westchester County Health Care Corporation, doing business as WMCHealth1 (“WMC”). He alleges that in March 2020, at the beginning of the COVID-19 pandemic, while he was working for the Hospital as a critical care nurse, Defendants denied him access to necessary protective equipment — a Powered Air Purifying Respirator (PAPR) — and assigned him to a special needs patient who spread COVID-19 to him. He further avers that after he was out with COVID-19 for nearly a month, the Hospital refused to accommodate him upon his return either by providing him a PAPR, transferring him to a non-COVID-19 (or “clean” unit) and, therefore, constructively discharged him. Plaintiff asserts claims for failure to accommodate and discrimination in violation of the Rehabilitation Act and the Americans With Disabilities Act (“ADA”), for discrimination and retaliation in violation of the New York State Human Rights Law (“NYSHRL”), for violation of New York Labor Law Section 741, for intentional infliction of emotional distress, and an unspecified tort claim he styles as “intentional or reckless of COVID transmission.” Presently before the Court is Defendants’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 44). For the reasons that follow, the Court GRANTS Defendants’ motion. BACKGROUND The following facts are derived from the Second Amended Complaint (“SAC”, ECF No. 37) and are taken as true and constructed in the light most favorable to Plaintiff for the purposes of this motion.2 I. Factual Background Plaintiff has had chronic kidney disease since he was an infant. (SAC 52.) Plaintiff graduated from nursing school in 2018 and began working as a nurse in the surgical intensive care unit at the Hospital in October 2018. (Id. 27.) Plaintiff alleges that the Hospital is “governed by co-employers Bon Secours and Westchester Health Care Network.” (Id. 6.) He further avers that the Hospital is “controlled and funded by Bon Secours and Westchester Health.” (Id.
14, 20, 22-23.) In October 2019, Plaintiff underwent a “fit test” to ensure that he was outfitted with a mask with a proper seal. (Id. 32.) Plaintiff alleges that his original fit test indicated that he needed a PAPR (id. 33), and the Hospital “registered on his card…that he would fit for a PAPR” (id. 36 (emphasis in original)). Though Plaintiff repeatedly asked for a PAPR, he was never provided with one. (Id.
