Marshall v. N.Y.S. Office of Temp. and Disability Assistance


New York Law Journal


Judge Gary L. Sharpe

Marshall worked in the New York State Office of Temporary and Disability Assistance's (OTDA) Bureau of Housing and Shelter Services. She was one of only two black people in her unit. After supervisor Wilcox retired, Umholtz directed Marshall to also perform Wilcox's duties. Marshall did so 15 months. After complaining to Edwards about her "unfair" workload Edwards told Umholtz that they were going to "ride [Marshall] like a horse, until we [cannot] ride her no more." After an August 2009 complaint with OTDA's Equal Opportunity Development Office (EOD) Edwards used profanity. Edwards later told Umholtz they needed to get "something" into Marshall's personnel file. Subsequently, Edwards switched Marshall's duties with another and mandated her attendance of an otherwise optional training program. The court denied dismissal of Marshall's lawsuit for race and national origin discrimination and retaliation violating Title VII. Marshall's allegations about the disparity of her workload and her supervisors' conduct after her EOD contact exceeded the "facial plausibility" threshold for each of her causes of action. Thus, Marshall's amended complaint was sufficient to survive a motion to dismiss under Federal Rule 12(b)(6).

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