Opinion
22-CV-9207 (AT) (JLC)
09-07-2023
OMAR NEWTON WILSON, Plaintiff, v. NEW YORK SOCIETY FOR THE RELIEF OF THE RUPTURED AND CRIPPLED, MAINTAINING THE HOSPITAL FOR SPECIAL SURGERY, Defendant.
REPORT & RECOMMENDATION
JAMES L. COTT, UNITED STATES MAGISTRATE JUDGE.
To the Honorable Analisa Torres, United States District Judge:
Omar Newton Wilson, proceeding pro se, brings this action against his former employer the New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery (“Defendant”), alleging religious discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), the New York State Human Rights Law (“NYSHRL”), and the New York City Human Rights Law (“NYCHRL”). Pending before the Court is Defendant's motion to dismiss Wilson's complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the motion should be granted.
I. BACKGROUND
A. Factual Background
The following facts taken from both the complaint (“Compl.”), Dkt. No. 2, and Wilson's later submissions are assumed to be true for purposes of this motion. See, e.g., Saudagar v. Walgreens Co., No. 18-CV-437 (KPF), 2019 WL 498349, at *1 n.1 (S.D.N.Y. Feb. 8, 2019) (“A district court deciding a motion to dismiss may consider factual allegations made by a pro se party in his papers opposing the motion.” (quoting Walker v. Schult, 717 F.3d 119, 122 n.1 (2d Cir. 2013)); Marecheau v. Equal Emp't Practices Comm'n, No. 13-CV-2440 (VEC), 2014 WL 5026142, at *2 (S.D.N.Y. Sept. 30, 2014)) (on motion to dismiss, courts may consider “any written instrument attached to the complaint, statements or documents incorporated into the complaint by reference . . . and documents possessed by or known to the plaintiff and upon which [plaintiff] relied in bringing the suit” (citation omitted)).
In August 2021, Wilson “submitted an exemption letter to” Defendant “requesting a religious exemption from taking the Coronavirus vaccine due to conflicts with the Mrna nature of the vaccines and [his] moral/personal beliefs.” Compl. at 5. “In November 2021, [his request for a] religious exemption was denied because it was not allowed by the State,” and his employment was consequently terminated in December 2021. Id.
Wilson filed a complaint with the New York State Division of Human Rights (“NYSDHR”) on January 18, 2022, see Dkt. No. 20-2 at 1, and with the Equal Employment Opportunity Commission (“EEOC”) on an unspecified date. See Compl. at 9. He received a notice of his right to sue from the EEOC dated August 3, 2022. Id. at 6, 9. Wilson seeks reemployment, religious accommodation, and “back wages and compensatory damages due to repossession of automobile, lapse in bills, pain and suffering, [and] loss of consortium.” Id.
B. Procedural History