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Smith v. Global Contact Holding Co.

Employer's Alleged Actions Against Transgender Man Indicated Discriminatory Intent

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 11-40, 43-51, 55-57; (Motion 002) 41-42, 46-48, 52-53 _ were read on this motion to/for DISMISS/DISQUALIFY. DECISION ORDER ON MOTION This is an action, inter alia, to recover damages for employment discrimination on the basis of gender and gender identity, and unlawful retaliation in violation of the New York State Human Rights Law (Executive Law art 15; hereinafter, the State HRL) and the New York City Human Rights Law (Administrative Code of City of NY §8-101 et seq.; hereinafter, the City HRL). In motion sequence number 001, defendants move pursuant to CPLR 3211 (a) (1) and (a)(7) to dismiss the complaint. Plaintiff opposes the motion. In motion sequence number 002, defendants move to disqualify plaintiff’s counsel from representing him in this action. Plaintiff opposes the motion and cross-moves for sanctions pursuant to 22 NYCRR 130-1.1. Motion sequence numbers 001 and 002 are consolidated for disposition. BACKGROUND The following facts are drawn from plaintiff’s verified complaint (Verified Complaint, NYSCEF Doc. No. 1). Plaintiff is a transgender man who is in the process of a medical and social gender transition (id. at 11). As part of his social transition, he identifies as a man and uses the name “Devon” and masculine pronouns to correspond with his gender identity (id. at 12). Defendants Global Contact Holding Company, Inc. and Global Contact Services LLC (hereinafter together, GC) provide call center services for New York City’s Access-a-Ride program (id. at

4-5). In or about April 2018, GC hired plaintiff as a customer service agent (id. at 13). At the start of training, GC’s training staff honored plaintiff’s request to identify him as a man, use the name “Devon” and masculine pronouns when speaking with or about him, and that the name “Devon” be printed on his identification badge (id. at

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