The following e-filed documents, listed by NYSCEF document number (Motion 002) 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Plaintiff Marina Brown (plaintiff), a retired assistant principal, brings this employment discrimination action against defendants New York City Department of Education (DOE) and Kerdy Bertrand (Bertrand), the former principal. The amended complaint asserts causes of action for: (1) race and national origin discrimination pursuant to Executive Law §296, the New York State Human Rights Law (NYSHRL), and Administrative Code of the City of New York (Administrative Code) §8-107, the New York City Human Rights Law (NYCHRL); (2) age and gender discrimination pursuant to the NYSHRL and the NYCHRL; (3) retaliation pursuant to the NYSHRL and the NYCHRL; and (4) discrimination and retaliation pursuant to the NYCHRL, based on taking medical leave. Defendants now move to dismiss the amended complaint pursuant to CPLR 3211 (a) (5) and (7). I. Background The following allegations are taken from the amended complaint and are presumed true for purposes of the instant motion. Plaintiff, who is Antiguan, was employed with the DOE for 34 years, with the last 18 years of her career spent as an assistant principal at PS/IS 109. NYSCEF doc no. 15, Amended Complaint at
7, 10. In May 2017, she received a doctoral degree in education. See id. at 10. Plaintiff was tenured and “routinely…received satisfactory/meets expectations — the highest ranking for tenured teachers — from the DOE.” Id. Prior to her last year of employment, plaintiff had never been “written-up.” See id. at 7. Plaintiff states that, despite her experience and qualifications, she was routinely passed over for promotion in favor of younger men who were born in the United States. See id. at 11. She alleges that for the 2016-2017 academic school year, she was passed over for the principal position in favor of Bertrand. See id. at 13. She also states that on a previous, unspecified occasion, she was passed over for the same position in favor of Bertrand’s predecessor, Dwight Chase (Chase). See id. at 12. When Chase was hired, plaintiff “was [allegedly] told by a DOE official that the DOE wanted a man for the position.” Id. According to plaintiff, Bertrand and Chase were both “younger male[s] born in the United States with less experience and fewer qualifications than [she].” Id. at
