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Lyons v. Citi Trends Inc.

NYSHRL Race Discrimination Claim Is Dismissed But Claim Under 42 USC §1981 Survives

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ORDER & OPINION Plaintiff Tarsha Lyons (“Plaintiff”) brings this action against Citi Trends, Inc. (“Citi Trends” or “Defendant”), asserting a claim of racial discrimination in violation of 42 U.S.C. 1981 (“Section 1981″) and New York State Executive Law (“NYSHRL”), Article 15 Section 296. (See ECF No. 14 (“Am. Compl.”).) Presently, before the Court is Defendant’s motion to dismiss the Amended Complaint. (ECF No. 17.) For the following reasons, the motion is GRANTED in part and DENIED in part. BACKGROUND The following facts as taken from Plaintiff’s Amended Complaint are accepted as true and construed in the light most favorable to Plaintiff for purposes of this motion. Plaintiff is an African American woman who sought patronage of Defendant’s retail location in Middletown, New York on October 8, 2020. (Am. Compl.

5, 7). Plaintiff alleges that she was denied service by an employee solely on the basis of her race. (Id. 16). Defendant’s employee insisted on taking Plaintiff’s bags upon her entrance to the store, despite the employee’s acknowledgement to the Plaintiff that there was no bag check policy in place. (Id.

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