DECISION & ORDER On January 4, 2023, the plaintiff, Jesse Grossman, commenced this action under the Age Discrimination in Employment Act (“ADEA”) and the New York State Human Rights Law (“NYSHRL”). Docket Item 1. She alleges that the defendants — the New York State Office of Mental Health (“OMH”) and its Commissioner, Dr. Ann Marie T. Sullivan — discriminated against her based on her age when she worked at the Buffalo Psychiatric Center (“BPC”), a state facility operated by OMH. See Docket Item 1; Docket Item 5 (amended complaint). Grossman originally sued only OMH. See Docket Item 1. After OMH moved to dismiss the complaint, Docket Item 4, Grossman amended her complaint to add Sullivan as a defendant, Docket Item 5, and this Court denied the first motion to dismiss without prejudice, Docket Item 9. On June 12, 2023, the defendants jointly moved to dismiss the amended complaint, Docket Item 10; on July 7, 2023, Grossman responded, Docket Item 13; and on July 28, 2023, the defendants replied, Docket Item 16. For the reasons that follow, the second motion to dismiss will be granted unless Grossman files a second amended complaint addressing the deficiencies identified below. BACKGROUND1 In 1978, Grossman joined OMH as a Psychiatric Social Worker. Docket Item 5 at 10. She worked for OMH “for over 40 years” and at BPC “for well over 20 years.” Id. Grossman “demonstrated exemplary performance” during that time. See id. at
11, 13. In 2014, Grossman’s “civil service title changed to Director of Quality Management.” Id. at 12. A few years later — after she “bec[a]me aware that many of her colleagues throughout the state, at similar facilities, performing the same duties, held a Deputy Director title,” id. at 15 — Grossman “requested that she be given the [c]ivil [s]ervice [t]itle of Deputy Director and grade/pay for the other work she was performing as the Director of Quality Management,” id. at 14. Grossman “was told that…she would simply move into the new title when [a Deputy Director position became] vacant.” Id. at 15. “In March 2017, the Executive Director position opened” and Grossman, who “was qualified for the position,…applied for it.” Id. at 16. But “[i]n or about December 2017, Dr. Beatrix Sousa[, who was] approximately 45 years old,” was hired as the Executive Director and became Grossman’s supervisor. Id. at 17. Grossman was not “given a reason why” she did not get the position. Id. “In June 2018, a position of Deputy Director became open and the position was posted.” Id. at 18. Although Grossman previously had been told that she “would simply move into” a Deputy Director position when one became available, id. at 15, “she was required to apply and interview for the position,” id. at 18, and she did just that, id. at 19. Around that time, Sousa told Grossman, who then was 66 years old, “I’m 45[] and I’m going to be here for the next 20 years.” Id. at 24. Based on that statement, Grossman concluded that the defendants “had no intention of selecting her for the Deputy Director position” because they incorrectly “assumed that [Grossman] would be retiring.” Id. In October 2018, Grossman learned that she would not be moving into the open Deputy Director position. Id. at
