Bantle and Levy LLP has secured an important early victory in a federal employment discrimination case, as an EDNY judge denied a motion to dismiss filed by The Brookdale Hospital Medical Center and a physician defendant.

The case, Osei v. Brookdale Hospital Medical Center, involves claims of religious discrimination and retaliation brought by a former nurse. The plaintiff alleges she was treated less favorably after reporting that a physician gave preferential treatment to employees who shared his religious beliefs and participated in church-related activities.

According to the complaint, employees affiliated with the physician’s church received more favorable assignments and protection from discipline, while others were subjected to less favorable treatment and unwarranted disciplinary actions.

The plaintiff further alleges that after raising concerns internally, she was placed on unpaid leave and later terminated based on allegations of patient misconduct, which she maintains were false.

In denying the motion to dismiss, the court found that the plaintiff plausibly alleged claims of “reverse religious discrimination” and retaliation under Title VII and related New York laws. The court also emphasized that the timing between her complaints and termination supports an inference of retaliatory conduct.

The ruling allows all claims to proceed, including claims against the individual physician for aiding and abetting the alleged discrimination.

With this decision, the case will now move into discovery.