Gamble v. Fieldston Lodge Nursing and Rehab. Ctr.

Hostile Work Environment Claim Fails to Allege Specific Conduct

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MEMORANDUM ORDER Plaintiff Tanya Gamble (“Plaintiff”) asserts claims of sexual orientation discrimination, retaliation, and promotion of a hostile work environment, all in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq. (“Title VII”), against defendants Fieldston Lodge Nursing and Rehabilitation Center (“Fieldston”) and XYZ Corp. 1-10, all arising out of Plaintiff’s employment with Fieldston between 2013 and August 13, 2019. Fieldston moves for judgment on the pleadings as to Plaintiff’s third cause of action — alleging a hostile work environment in violation of Title VII — pursuant to Federal Rule of Civil Procedure 12(c). The Court has jurisdiction of this action pursuant to 28 U.S.C. section 1331. The Court has reviewed the parties’ submissions thoroughly and, for the following reasons, Fieldston’s motion is granted. BACKGROUND The following allegations are taken from the Complaint and are presumed true for the purposes of this motion. Plaintiff is a lesbian woman who was employed at Fieldston in various capacities beginning in early 2013. (Docket entry no. 1 (“Compl.”)

16-32.)¹ For several years, Plaintiff’s sexual orientation was not known by her colleagues at Fieldston. (Id. 31.) On May 21, 2019, however, a video of Plaintiff’s May 18, 2019, engagement to her same sex partner was posted on Facebook, and “[i]mmediately…went viral at Plaintiff’s workplace and [] attracted adverse and negative attention.” (Id.

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