BROOKLYN, NY – Friday — A former employee’s lawsuit accusing Westhampton Primary Care of race discrimination and retaliation will partially move forward after a federal judge ruled this week that key claims were sufficient to survive dismissal, while others failed to meet the legal threshold.
U.S. District Judge Nusrat J. Choudhury issued the decision in Garcia v. Westhampton Primary Care et al., where plaintiff Melissa Garcia alleges she was subjected to a racially hostile work environment and retaliated against by her employer and supervisory staff. Garcia filed the suit under Title VII of the Civil Rights Act and the New York State Human Rights Law (NYSHRL).
In a ruling issued Thursday, Judge Choudhury dismissed Garcia’s disparate treatment claims under both Title VII and the NYSHRL, finding that her second amended complaint failed to plausibly allege that she was treated differently than others because of her race.
However, the judge declined to dismiss all of Garcia’s claims. The Court found that the allegations against Westhampton Primary Care and StaffCo of Brooklyn, LLC — both identified as her employers — were sufficient to support primary liability under Title VII and the NYSHRL for hostile work environment and retaliation claims.
Garcia also named two individuals, Maria Barlowe and Marie Alessi, as defendants, alleging they played a role in the discriminatory conduct. While the Court ruled that Garcia could not pursue hostile work environment or retaliation claims against them as direct “employers” under federal or state law, it left open the possibility for “aiding and abetting” liability under the NYSHRL — a claim still under review.
Judge Choudhury granted Garcia permission to amend her complaint again to clarify whether Barlowe and Alessi meet the legal definition of “employer,” potentially reviving the dismissed claims.
The case continues with the surviving claims against Westhampton Primary Care and StaffCo.
