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Nezaj v. PS450 Bar and Rest.

Plaintiff May Pursue Former Supervisor's Liability for Gender Discrimination

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OPINION & ORDER Plaintiff Victoria Nezaj brings this action against her former employer PS450 Bar and Restaurant (“PS450″); its alleged corporate alter egos Park South Hospitality, Cerus Hospitality Consulting, LLC, and Vig Park, Inc.; and former supervisors Terry Brooks, Matt Wagman, and David Miller. Nezaj worked for PS450 as an events manager and floor manager for about six months until she was terminated. She alleges that PS450 and the other corporate defendants, by and through the individual defendants, discriminated against her and ultimately fired her based on her gender and sexual orientation. Pending now is a motion from defendant Miller to dismiss the claims against him for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). These claims are of discrimination, aiding and abetting discrimination, and retaliation, in violation of the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §§290 et seq, and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code §§8-502(a) et seq. For the reasons that follow, the Court dismisses the claims against Miller that allege discrimination based on sexual orientation, but otherwise denies the motion to dismiss. I. Background¹ A. Factual Background Nezaj is a gay woman currently residing in New Orleans, Louisiana. Dkt. 49 (“FAC”)

8, 83. As of 2019, she had more than 14 years’ experience working in the hospitality industry; she has a bachelor’s degree in business and marketing. Id.

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