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Kinowski v. The Home for Elderly Women of Montgomery County Inc.

Facts Minimally Support Claim Termination Partly Motivated by Discriminatory Intent

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Elizabeth Kinowski brings this employment discrimination action against her former employer, The Home for Elderly Women of Montgomery County, Inc., also known as the Sarah Jane Sanford Home (“Defendant” or “the Home”), alleging violations of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. §2000e et seq.; violations of New York State Human Rights Law (“NYSHRL”), N.Y. Executive Law §290 et seq.; defamation; and intentional and negligent infliction of emotional distress. (See generally Dkt. No. 9 (amended complaint)).1 Presently before the Court is Defendant’s motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Dkt. No. 15). The parties have filed responsive briefing. (Dkt. Nos. 16, 17). For the following reasons, Defendant’s motion is granted in part and denied in part. II. FACTS2 A. Background Plaintiff is a licensed registered nurse and a “devout, practicing Roman-Catholic.” (Dkt. No. 9, 15). She was employed by Defendant, “an adult home for people 65 and older” located in Amsterdam, New York, as its Administrator from October 2017 until her termination in October 2021. (Id.

1 n.1, 15, 17-18). Defendant has a Board of Trustees (the “Board”) which is “responsible for overseeing the Home’s fiscal situation and is charged with the duty of hiring and firing” and “imposing discipline” on the Administrator. (Id.

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