Amaya v. Ballyshear LLC
Plaintiff Nelly Amaya filed an employment discrimination and retaliation lawsuit against Ballyshear LLC, Geller & Company LLC, and several individuals, alleging violations of Title VII, 42 U.S.C. § 1981, and New York Executive Law § 296. Defendants moved to dismiss the complaint for failure to state a claim. The Court granted the motion in part, dismissing Title VII claims for wrongful termination, retaliatory discharge, and constructive discharge, along with similar claims under § 1981 and NYSHRL. However, the Court denied the motion in part, allowing hostile work environment and workplace retaliation claims under NYSHRL, and hostile work environment and retaliatory workplace claims under § 1981 to proceed against all defendants, as well as the NYSHRL aiding and abetting claim.