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Al-Shimary v. State Univ. of N.Y. at Binghamton

Rights Claims Partly Dismissed; University Immune, No Individual Liability Under Title VII

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DECISION & ORDER Before the Court is Defendants’ partial motion to dismiss the Complaint. See dkt. # 10. The parties have briefed the issues, and the Court will decide the matter without oral argument. I. Background This case concerns Plaintiff Aqil Al-Shimary’s claims that Defendants, the State University of New York at Binghamton (“Binghamton”), Sara DeClemente-Hammoud, and Andrew Baker, discriminated against him because of his race and religion during his employment at Binghamton and retaliated against him for complaining about that discrimination in violation of federal and New York law. Plaintiff starting working as a Cleaner for Binghamton on July 24, 2012. Complaint (“Complt.”), dkt. # 1, at 17. Plaintiff is a naturalized citizen of the United States of Iraqi descent. Id. at 13. He “is not white,” “identifies as Arabic,” and “is Muslim.” Id. at

14-16. Binghamton promoted Plaintiff to the position of Plant Utilities Helper on June 30, 2016, and then to the position of Maintenance Assistant on February 9, 2017. Id. at

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