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Byron v. Bronx Parent Housing Network

City Not 'Employer' Under Title VII; City, BPHN Neither Single Nor Joint Employer

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MEMORANDUM OPINION AND ORDER GRANTING MOTION T O DISMISS Plaintiff Shauntee Byron brings this action against the Bronx Parent Housing Network (“BPHN”), its former director Victor Rivera, and the City of New York (“the City”), asserting claims under (1) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (“Title VII”); (2) New York Labor Law §201-g; (3) New York City Human Rights Law §8-107;1 (4) assorted common law claims for “assault, battery, negligence, prima facie tort, sexual assault, [and] unlawful touching”; and (5) an unspecified claim against the City, alleging it “had knowledge” of the misconduct at BPHN and still continued to provide funding. Byron has settled her claims with BPHN and Rivera. The sole remaining Defendant, the City, moves to dismiss Byron’s claims pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the motion to dismiss is GRANTED. BACKGROUND2 BPHN is a non-profit organization registered in New York that assists homeless individuals. Amended Complaint

1.5, 27 [ECF No. 37] (“Am. Compl.”). Rivera was the CEO and President of BPHN until February 2021. Am. Compl. 1.7. Byron, a black woman, worked for BPHN from 2019 to 2020. Am. Compl.

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