Caregiver Status Discrimination Claim Dismissed Against NYC Dept. of Correction

From Budhai v. New York City Dept. of Correction, No. 158407/2019, 2021 WL 1391283 (N.Y. Sup Ct, New York County Apr. 13, 2021):

Budhai argues that DOC’s disciplining her for lateness was discrimination because of her caregiver status in violation of NYSHRL and NYCHRL. She alleges she was late to work because she was taking care of her sick father. Unlike NYSHRL, NYCHRL directly prohibits discriminating against an employee based on her “caregiver status” (NYC Admin. Code § 8-107). The City and DOC move to dismiss Budhai’s causes of action alleging discrimination based on caregiver status, arguing that the amended complaint does not contain any allegations connecting her caregiver status to the lateness discipline.

The Court agrees that the amended complaint does not set forth any factual allegations suggesting an animus toward Budhai based on her caregiver status. There is no allegation that the City or DOC was aware of her caregiver status before beginning the disciplinary proceeding. The amended complaint has no factual allegations — except for conclusory assertions — that Budhai’s care giver status had any negative impact on her employment status (Askin v Dept. of Educ. of the City of NY, supra at 622). Accordingly, the branch of this cause of action alleging that the City and DOC discriminated against Budhai based on her care giver status is dismissed.

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