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Famighette v. Rose

Only ADEA Age Bias Claim Survives in Woman's Suit Over Her Firing, Replacement

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MEMORANDUM AND ORDERINTRODUCTION Plaintiff Deborah Famighette (“Plaintiff”) brought this action for employment discrimination against the Town of Huntington (“Town”) and Interim Director of Public Safety for the Town, Joseph Rose (“Rose,” collectively “Defendants”) alleging claims of gender discrimination under Title VII of the Civil Rights Act of 1964, and age discrimination under the Age Discrimination in Employment Act (“ADEA”). (Compl. [DE 1]

21-68.)Presently before the Court is Defendants’ motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (“Rule 12(b)(6)”) for failure to state a claim on which relief can be granted. (Def.s Mem. in Supp. [DE 10] at 2 (hereinafter “Mem. in Supp.”).) For the reasons explained below, the motion to dismiss is granted in part and denied in part.BACKGROUNDThe following relevant facts come from the Complaint and are assumed true for purposes of the motion to dismiss.Plaintiff is a woman “over the age of fifty-eight” years old. (Compl. [DE 1] 1.) She was fifty-six years old at the time that the events leading to this litigation occured. In 2001, Plaintiff was hired by the Town to serve as Executive Secretary to the Director of Public Safety, Bruce Richards. (Id.

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