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Kemp v. Regeneron Pharmaceuticals

NYSHRL Claims Untimely, Fail on Merits; FMLA Not Shown Willfully Violated

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OPINION & ORDER Plaintiff Denise Kemp (“Plaintiff”) brings this action against Defendant Regeneron Pharmaceuticals (“Defendant”), asserting claims for violations of the New York State Human Rights Law (“NYSHRL”) and the Family Medical Leave Act (“FMLA”). Specifically, Plaintiff asserts three claims pursuant to the NYSHRL — discrimination, constructive discharge, and retaliation due to Plaintiff’s daughter’s disability. Plaintiff also alleges that Defendant interfered with her right under the FMLA to take twelve (12) weeks of unpaid leave to care for a disabled child. Before the Court is Defendant’s motion for summary judgment, which is brought pursuant to Rule 56 of the Federal Rules of Civil Procedure. (ECF No. 30.) For the following reasons, Defendant’s motion is GRANTED in its entirety. BACKGROUND The facts are gleaned from the Complaint (“Compl.”) (ECF No. 1-4), Defendant’s Rule 56.1 Statement of Undisputed Material Facts (“Def. 56.1″) (ECF No. 31), and Plaintiff’s Counter Statement to Defendant’s Rule 56.1 Statement (“Plf. Resp”) (ECF No. 40) and are uncontested except where indicated. Plaintiff’s Hire and Promotions On June 2, 2008, Plaintiff Denise Kemp (“Plaintiff”) began working for Defendant Regeneron (“Defendant”) in its Quality Assurance Department. (Def. 56.1 3.) Plaintiff performed well in her initial position as a Senior Good Manufacturing Practices (“GMP”) Auditor and Defendant rewarded her with promotions, raises, and additional stock option grants. (Id.

3-11.) Specifically, Plaintiff was promoted to Associate Manger, Quality Auditing in 2012, to Manager, Quality Auditing in 2014, and to Senior Manager, Quality Auditing in 2016. (Id.

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