OPINION & ORDER Plaintiff Guadalupe Acosta brings this action against her former employer, Kennedy Children’s Center (“KCC”), for which she worked as an outreach coordinator between August and October 2022. She alleges that KCC discriminated and retaliated against her by discharging her because of her disability and gender. Acosta brings claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §2000 et seq. (“ADA”), the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §296 et seq., and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code §8-101 et seq. Petitioner subsequently discovered that the property is located in the Glens Falls Common School District (hereinafter the Common School District), and not the City School District. To that end, the notice of petition and petition were mailed to the superintendent of the Common School District on July 28, 2020. On July 31, 2020, Claudia K. Braymer, Esq. sent correspondence advising of her representation of the Common School District and requesting that all “[c]orrespondence, pleadings, motions and other papers regarding the…matter…be served upon [her] firm.” Two motions are pending. First, KCC moves to dismiss Acosta’s Amended Complaint, Dkt. 14 (“AC”),1 for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Second, Acosta moves for leave to further amend the AC to replead any dismissed claims. For the reasons that follow, the Court denies the motion to dismiss as to the AC’s disability discrimination and retaliation claims, but grants the motion as to its gender discrimination claims. The Court separately denies Acosta’s motion for leave to further amend. I. Background2 A. Factual Background 1. The Parties KCC is a privately owned pre-school based in New York, with a primary campus in Manhattan, AC 8, and a secondary campus in the Bronx, id. 23. Acosta, a New York resident, was employed by KCC as an outreach coordinator. Id.
7, 14. Acosta alleges that KCC had supervisory authority over her, including the ability to fire her, control the terms and conditions of her employment, and determine the rate and method of compensation for her services. Id. 9. 2. Overview of Acosta’s Factual Allegations On August 1, 2022, KCC hired Acosta as an outreach coordinator in its Manhattan pre-school. See id.
