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Palmer v. eCapital Corp.

Sex-Based Employment Discrimination Claim Fails to Identify 'Threat' Under NYCHRL

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OPINION AND ORDER Plaintiff Jennifer Palmer (“Plaintiff” or “Palmer”), brings suit against Defendants eCapital Corp. (“eCapital”); eCapital Asset Based Lending Corp. (“ABL”); Marius Silvasan (“Silvasan”); Jonathan Staebler (“Staebler”); Steve McDonald (“McDonald”); and Cris Neely (“Neely”),¹ alleging sex-based employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (“Title VII”); the New York State Human Rights Law, N.Y. Exec. Law §§290 et seq. (“NYSHRL”); and the New York City Human Rights Law, N.Y.C. Admin. Code §§8-101 et seq. (“NYCHRL”). See generally Am. Compl., ECF No. 57. Plaintiff additionally brings claims for interference with her protected rights under NYCHRL §8-107(19) and for Defendants’ alleged violation of New York Labor Law §740 (“NY whistleblower law”). See id. Before the Court is Defendants’ Rule 12(b)(2) and 12(b)(6) motion to dismiss the Amended Complaint.² ECF No. 61. For the reasons discussed herein, Defendants’ motion is GRANTED IN PART AND DENIED IN PART. BACKGROUND “The following facts are drawn from the [amended] complaint and are assumed to be true for the purposes of this motion.” Cooper v. Templeton, 629 F. Supp. 3d 223, 228 (S.D.N.Y. 2022), aff’d sub nom. Cooper v. Franklin Templeton Invs., No. 22 Civ. 2763, 2023 WL 3882977 (2d Cir. June 8, 2023).³ A. The Parties Defendant ABL is a financial services company incorporated in New York. Am. Compl.

21, 28. In 2017, Defendant eCapital acquired ABL. Id. 31. eCapital is the parent company of ABL, and “owns 100 percent of ABL.” Id.

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