Luzunaris v. Baly Cleaning Services, Inc.

Background

On July 29, 2024, Magistrate Judge Robyn F. Tarnofsky issued a report and recommendation advising that the defendants’ motion to dismiss be granted in part and denied in part. No party filed an objection within the 14-day period. Judge Woods therefore reviewed the recommendation for clear error and found none before adopting it in its entirety.

Claims Against Coulibaly-Doucoure

The court dismissed with prejudice Luzunaris’s pregnancy-discrimination, failure-to-accommodate, and hostile-work-environment claims against Coulibaly-Doucoure under Title VII, the Pregnancy Discrimination Act, and the New York State Human Rights Law. The court also dismissed with prejudice her disability-discrimination claim against Coulibaly-Doucoure under the New York State Human Rights Law and her retaliation claims against that defendant under Title VII, the Pregnancy Discrimination Act, and the Americans with Disabilities Act.

Claims Against Baly Cleaning Services

The court dismissed without prejudice Luzunaris’s failure-to-accommodate and hostile-work-environment claims against Baly Cleaning Services under Title VII and the Pregnancy Discrimination Act. The court granted leave to amend those claims to address the deficiencies identified in the report and recommendation. The amended complaint must be filed no later than 30 days after service of the order.

Ruling

Judge Gregory H. Woods ordered that the defendants’ motion to dismiss was granted in part and denied in part. The Clerk of Court was directed to terminate the motion at Docket No. 21. The opinion contains an apparent inconsistency: one passage refers to the claims against Baly Cleaning Services under “Title VI,” while the surrounding discussion and the final disposition refer to Title VII.