OPINION AND ORDER Plaintiff Davall Garrison brings this action against defendants American Sugar Refining, Inc., American Sugar Holdings, Inc., and ASR Group International, Inc. (collectively, “American Sugar”), and two supervisors, Tappan Dutta and Dennis Angone, alleging defendants (i) discriminated against him on the basis of his race and national origin, and (ii) retaliated against him for complaining about such discrimination, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”); Section 1981 of the Civil Rights Act of 1866 (“Section 1981″); and the New York Human Rights Law (“NYSHRL”). Plaintiff also brings a claim for unequal pay in violation of the New York Equal Pay Act (“NYEPA”). Now pending is defendants’ motion to dismiss the amended complaint pursuant to Rule 12(b)(6). (Doc. #27). For the following reasons, the motion is GRANTED in part and DENIED in part. The Court has subject matter jurisdiction under 28 U.S.C. §§1331 and 1367. BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all well-pleaded factual allegations in the amended complaint and draws all reasonable inferences in plaintiff’s favor, as summarized below. I. Plaintiff’s Employment at American Sugar Plaintiff, an African American man, has been employed by American Sugar at its factory in Yonkers, New York, since September 4, 2009. Around March 2011, plaintiff joined American Sugar’s Quality Department as a “Lab Tech 3.” (Doc. #26 (“Am. Compl.”)
20-21). At that time, there were four other Lab Tech 3s: Tommy Chadwick (White), Gregory Johnson (Jamaican), Kawsu Jabbi (Black and Gambian), and Deodat Gewan (Guyanese of Indian descent). Around 2015, Chadwick retired and was replaced by Ezekiel Rosario (Dominican-American). Defendants Dennis Angone (White) and Tappan Dutta (Indian) were plaintiff’s supervisors at American Sugar’s factory, although at times he reported to them only indirectly. Plaintiff is a member of Local 74, United Service Workers Union (the “Union”). Around 2016, he became the Union representative for his lab. Approximately one year later, Union representatives, including plaintiff, and American Sugar management negotiated a renewed Collective Bargaining Agreement (“2017 CBA”). They renewed the agreement again in January 2020 (“2020 CBA”), after negotiations in which plaintiff again served as a Union representative.1 II. Alleged Discrimination and Retaliation According to the amended complaint, soon after becoming a Lab Tech 3 in 2011, plaintiff noticed Angone and Dutta treated him with more hostility and suspicion than his non-African American coworkers. Angone refused to give plaintiff the same assistance he gave to non-African American Lab Tech 3s. Multiple coworkers told plaintiff to “watch out” for Angone and Dutta, who “had it out” for him because he was African American. (Am. Compl. 38). Angone and Dutta allegedly tape-recorded plaintiff and scrutinized his paperwork, looking for an excuse to fire him. Angone also repeatedly disparaged plaintiff as “lazy” and criticized him more than non-African American employees, despite plaintiff’s excellent and conscientious performance of his duties. (Id.
