Pearson v. City of New York City Department of Education

Background

Antonia Pearson, proceeding without a lawyer, alleged that the defendants discriminated against her based on race and age. She asserted claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law.

Pearson alleged that she worked as a living environment and health teacher at Metropolitan Soundview High School from September 8, 2016, through June 26, 2018. She claimed that Principal Emarilix Lopez criticized her work, asked her to seek other employment, issued disciplinary letters, and recommended ending her probationary employment. The New York City Department of Education formally discontinued her employment on June 26, 2018, and Superintendent Paul Rotondo affirmed that decision on July 26, 2018.

Pearson later alleged that she was denied a substitute-teaching position because of the termination code or rating associated with her prior employment. She also alleged that, after obtaining work at World Cultures High School, Lopez attempted to have security remove her from the building, stood outside her classroom and stared at her, and told her new employer that she should never be allowed to work again.

Administrative Filing and Timeliness

Pearson’s administrative charge was stamped as received on July 19, 2019. The court treated that date as the filing date. It therefore required her to plausibly allege a discriminatory act occurring on or after September 22, 2018—within 300 days of the administrative filing—for her Title VII and Age Discrimination in Employment Act claims to be timely.

The court held that Pearson’s allegations did not satisfy that requirement. Rotondo’s February 26, 2019 reaffirmation of the termination recommendation followed Pearson’s appeal through grievance procedures and did not delay the limitations period. The court also concluded that the denial or cancellation of her substitute-teaching application occurred on September 12 or September 20, 2018, before the relevant date. Her removal from the Department of Education’s system was connected to the June 26, 2018 discontinuance.

The court further ruled that the March 2019 events did not establish a continuing violation. It explained that discrete employment actions, such as termination or refusal to hire, generally do not become timely merely because their effects continue. The alleged staring was not a materially adverse employment action, and the complaint did not allege that World Cultures took action against Pearson because of Lopez’s statements or request concerning her.

State and City Claims

After finding that Pearson’s federal claims could not proceed, the court declined to exercise supplemental jurisdiction—the authority to hear related state-law claims—over her claims under the New York State and New York City human-rights laws. The court therefore did not decide the defendants’ other arguments about those claims.

Leave to Amend and Disposition

Pearson requested permission to file another amended complaint. The court denied that opportunity because she had already received a chance to amend and still had not plausibly alleged a discriminatory act within the required period. The court found that further amendment would be futile.

Judge Ronnie Abrams granted the defendants’ motion to dismiss with prejudice. The clerk was directed to terminate the pending motion and mail Pearson a copy of the order.