WDNY — Discrimination: Wilson-Richardson v. Regional Transit Service Inc.

U.S. District Court, WDNY

Discrimination

Underlying Administrative Proceedings — Subject Matter Jurisdiction

Wilson-Richardson v. Regional Transit Service Inc.
10-cv-6226L
Judge Larimer

Background: The plaintiff commenced an action pursuant to the Americans with Disabilities Act and the New York Human Rights Law alleging that her former employer discriminated against her on the basis of race, color, sex and subjected her to unlawful retaliation. The defendants moved to dismiss the complaint for failing to state a cause of action for retaliation or for race or gender-based discrimination as her complaint attempts to assert claims beyond the scope of her underlying administrative charge.

Ruling: The District Court granted the motion and denied the plaintiff’s leave to amend the complaint. The court held that, with respect to the plaintiff’s race and gender discrimination claims, New York Executive Law section 297(9) deprived the court subject matter jurisdiction over claims that have already been decided by a local commission on human rights. Further, the plaintiff’s claims are not reasonably related to the underlying administrative charge.

Michael Cobbs of Brown & Hutchinson for the plaintiff; Daniel J. Moore, Joshua D. Steele and Roy R. Galewski of Harris Beach for the defendant