Full opinion text
ORDER RICHARD J. ARCARA, Chief Judge. This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1), on May 30, 2007. On October 1, 2007, defendant filed a motion for judgment on the pleadings and summary judgment. On November 26, 2008, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant’s motion directed to Plaintiffs’ Age Discrimination in Employment Act of 1967 (“ADEA”) claims and New York State Human Rights Law (“NYHRL”) claims should be granted and, alternatively, that defendant’s motion directed to Plaintiffs’ ADEA claims should be granted and plaintiffs’ NYHRL claims should be dismissed. Plaintiff filed objections to the Report and Recommendation on January 5, 2009 and defendants filed a response thereto. Oral argument on the objections was held on February 27, 2009. Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation. Accordingly, for the reasons set forth in Magistrate Judge Foschio’s Report and Recommendation, defendant’s motion for summary judgment is granted as to plaintiffs ADEA and NYHRL claims. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. REPORT and RECOMMENDATION LESLIE G. FOSCHIO, United States Magistrate Judge. JURISDICTION This case was referred to the undersigned by the Honorable Richard J. Arcara on May 30, 2007 for all pretrial matters. (Doc. No. 5). The matter is presently before the court on Defendant’s motion for judgment on the pleadings and for summary judgment (Doc. No. 19), filed October 1, 2007. BACKGROUND Plaintiffs Carol Field (“Plaintiff Field” or “Field”) and Erin Mancuso (“Plaintiff Mancuso” or “Mancuso”) (together, “Plaintiffs”) commenced this action on April 12, 2007, alleging that the Tonawanda City School District (“Defendant” or “the District”) discriminated against them based on their ages, in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq. (“the ADEA”) (“First Cause of Action” or “the ADEA claims”) and the New York State Human Rights Law, New York Executive Law § 290, et seq. ' (“NYHRL” or “Executive Law”) (“Second Cause of Action” or “the NYHRL Claim”). In particular, Plaintiffs assert that, in changing their teaching assignments and performing additional classrooms observations of Plaintiffs in March 2004, actions affecting the terms and conditions of their employment, before Defendant’s Early Retirement Incentive offer, previously announced in February 2004, had ended on April 2, 2004, Defendant discriminated against them based on their age, for the purpose of inducing Plaintiffs to accept Defendant’s Early Retirement Incentive offer. Complaint ¶¶ 1, 12, 19, 21. Attached to the Complaint are Right to Sue Letters dated January 11, 2007 (“the Right to Sue Letters”), Plaintiffs’ Exhibit A, and Determination Letters dated September 26, 2006 to Plaintiffs issued by the Equal Employment Opportunity Commission (“EEOC”) (“the Determination Letters”), Plaintiffs’ Exhibit B, finding reasonable cause that Defendant discriminated against Plaintiffs, as Plaintiffs allege in this action. Defendant filed its answer on April 23, 2007, and an Amended Answer, with several affirmative defenses, on August 3, 2007 (Doc. No. 12) (“Amended Answer”). On October 1, 2007, Defendant filed its Motion Seeking Dismissal Under Rules 12(c) and 56 (Doc. No. 19) (“Defendant’s motion”), the Declaration of Jeremy A. Colby, Esq. (“Colby Declaration”) together with a copy of Plaintiffs’ discrimination charges filed with the EEOC on June 19, 2004, (“Colby Decl. Exh. A”) (“Plaintiffs’ EEOC Administrative Charges”), the Declaration of Susan D’Angelo (“D’Angelo Declaration”) along with Exhibits A — C (“D’Angelo Decl. Exh(s). _”), and a Statement of Undisputed Facts (“Defendant’s Fact Statement”). On October 2, 2007, Defendant filed a Memorandum in Support of Defendant’s Motion Seeking Dismissal under Rules 12(c) and 56. (Doc. No. 20) (“Defendant’s Memorandum”). On October 25, 2007, Plaintiffs filed a Memorandum of Law in Opposition to the Defendant’s motion (Doc. No. 22) (“Plaintiffs’ Memorandum”), along with a Statement of Disputed Material Facts in Opposition to Defendant’s Motion for Summary Judgment (Doc. No. 23) (“Plaintiffs’ Fact Statement”). Defendant filed its Reply Memorandum of Law in Further Support of Defendant’s Motion Seeking Dismissal Under Rules 12(c) and 56 on November 9, 2007 (Doc. No. 24) (“Defendant’s Reply Memorandum”), along with the Reply Declaration of Jeremy A. Colby in Support of Defendant’s Motion Seeking Dismissal Under Rules 12(c) and 56 (Doc. No. 24-2) (“Colby Reply Declaration”), and a copy of the EEOC’s Notice of Charge of Discrimination and Plaintiffs’ EEOC Administrative Charges (Doc. No. 24-3) (“Colby Reply Decl. Exh. A”). Defendant, in further support of its motion, submitted, with a letter to the court, dated February 29, 2008, a copy of a New York Court of Appeals decision addressing the applicable statute of limitations for a claim of discrimination under New York law brought against a school district. (Doc. No. 26) (“Defendant’s Letter”). By letter to the court dated March 6, 2008, Plaintiffs responded to Defendant’s Letter. (Doc. No. 27) (“Plaintiffs’ Letter”). Oral argument was deemed unnecessary. Based on the following, Defendant’s motion directed to Plaintiffs’ First Cause of Action, the ADEA claims and Plaintiffs’ Second Cause of Action, the NYHRL Claims, should be GRANTED. Alternatively, Defendant’s motion directed to Plaintiffs’ ADEA claims should be GRANTED and Plaintiffs’ NYHRL claims should be DISMISSED. FACTS Since April 1968 and September 1969, Plaintiffs Field and Mancuso, respectively, were employed by Defendant as elementary school teachers at Defendant’s Fletcher Elementary School (“the Fletcher School”). Complaint ¶ 9; D’Angelo Declaration ¶ 1. During Defendant’s 2003-2004 school year, Field taught second grade and Mancuso taught first grade at Fletcher School as they had throughout their employment with Defendant. Complaint ¶ 13; D’Angelo Declaration ¶ 3; Defendant’s Fact Statement ¶ 6. Plaintiffs were tenured teachers at the Fletcher School and among the school’s most senior teachers; Field was the oldest and second-most senior teacher, and Mancuso was the second-oldest and most senior teacher at the Fletcher School. Complaint ¶ 10; Colby Declaration ¶ 5 (“For the purposes of these motions only, the District accepts the allegations of the Complaint as true.”). “[E]xperienced primary teachers” who were “very successful in their employment” with Defendant, Plaintiffs had, during their teaching careers with Defendant, received “numerous outstanding performance evaluations.” Complaint ¶ ¶ 16-17; Colby Declaration ¶ 5. Under the collective bargaining agreement between Defendant and Plaintiffs’ teachers union, Defendant’s tenured teachers were to receive a classroom observation at least every other year. D’Angelo Declaration ¶ 7; D’Angelo Decl. Exh. B (Defendant’s Professional Performance Review Procedure for Tenure and NonTenured Teachers ¶ 3). On April 8, 2003, D’Angelo conducted a classroom observation of Mancuso; on April 10, 2003, D’Angelo conducted a classroom observation of Field. Complaint ¶ 18b; Colby Declaration ¶ 5. Prior to the start of Defendant’s 2003-2004 school year, on August 27, 2003, teachers at the Fletcher School were informed that untenured teachers would be subject to classroom observations during the school year. Complaint ¶ 18a; Colby Declaration ¶ 5. On February 20, 2004, Defendant announced it would offer an early retirement incentive to “encourage highly compensated teachers and staff to retire” (“the Early Retirement Incentive”). D’Angelo Declaration ¶ 2; Complaint ¶ 11; Defendant’s Fact Statement ¶ 2. As part of the Early Retirement Incentive, teachers and staff at the Fletcher School were required to notify Defendant, by April 2, 2004, if they intended to accept the Early Retirement Incentive. Complaint ¶ 11; Defendant’s Fact Statement ¶ 3. On March 7, 2004, D’Angelo informed Plaintiffs that they were being assigned to teach fifth grade classes at the Fletcher School beginning with the 2004-2005 school year. D’Angelo Declaration ¶ 3; Defendant’s Fact Statement ¶ 6. On March 9, 2004, D’Angelo announced that classroom observations for tenured teachers would be conducted, which, given that classroom observations of tenured teachers at the Fletcher School, including Plaintiffs, had been conducted during April 2003, was inconsistent with Defendant’s past custom and practice at the Fletcher School. Complaint ¶¶ 18a, 18b; Colby Declaration ¶ 5. At the time of Defendant’s notice to Plaintiffs regarding their new fifth-grade teaching assignments, Field was fifty-seven and Mancuso was fifty-six. Complaint ¶ ¶ 6-7. Thereafter, on March 15, 2004, D’Angelo conducted a classroom observation of Field and, on March 23, 2004, of Mancuso. D’Angelo Declaration ¶ 7; Defendant’s Fact Statement ¶ 4. Plaintiffs were the only tenured teachers at the Fletcher School who were subjected to D’Angelo’s classroom observations in 2004. Complaint ¶ 18a; Colby Declaration ¶ 5. Plaintiffs did not elect to accept Defendant’s Early Retirement Incentive offer by the April 2, 2004 deadline; instead, on June 21, 2004, Plaintiffs filed charges of age discrimination under the ADEA against Defendant with the EEOC. Complaint ¶ 8; Defendant’s Fact Statement ¶ 11; Colby Decl. Exh. A. Plaintiffs’ assignments to teach fifth grade for the 2004-2005 school year did not result in Plaintiffs being “assigned to a different building, specialty class, or to any course or grade outside the parameters of their [Plaintiffs’] teaching certifications.” D’Angelo Declaration ¶5 (bracketed material added). In Plaintiffs’ EEOC Administrative Charges, Plaintiffs claimed Defendant discriminated against Plaintiffs because of their ages through Defendant’s additional classroom observations and teaching reassignments in an “attempt to force [Plaintiffs] to take the [Defendant’s] early retirement incentive” that had been offered by Defendant in February 2004. Colby Decl. Exh. A (bracketed material added). Plaintiffs also charged Defendant had “harassed, intimidated and subjected [Plaintiffs] ... to different terms and conditions of employment” including “increased formal [classroom] observations and administrative visits,” the fifth grade teaching assignments, and discriminatory actions based on Plaintiffs’ ages “in an attempt to force Plaintiffs to elect Defendant’s early retirement incentive and in an attempt to force [Plaintiffs] ... to retire.” Colby Decl. Exh. A. In Plaintiffs’ EEOC Administrative Charges, Plaintiffs indicated March 5, 2004 as the date Plaintiffs were notified of their new teaching assignments for the 2004-2005 school year, and as the date on which Defendant’s discriminatory action occurred. Id. Plaintiffs did not charge Defendant with discriminatory conduct of a continuing nature by checking the designated box for doing so on the EEOC’s Notice of Charge of Discrimination form. Defendant’s Reply Memorandum at 5 (referencing Colby Decl. Exh. A). No other administrative charges of employment discrimination were filed with the EEOC against Defendant by Plaintiffs. Id. In the EEOC’s Notices of Charge of Discrimination to Defendant, the EEOC invited Defendant to respond to the Plaintiffs’ EEOC Administrative Charges by July 16, 2004, to consider engaging in EEOC-sponsored mediation, and enclosed copies of Plaintiffs’ EEOC Administrative Charges. Colby Reply Decl. Exh. A. Copies of the administrative charges were forwarded to the Superintendent of the District, Mr. George Batterson, by the EEOC’s regional office on June 30, 2004. Colby Reply Decl. Exh. A. The copies of Plaintiffs’ EEOC Administrative Charges were received by Defendant on July 2, 2004. Colby Reply Declaration ¶ 2. While Plaintiffs’ EEOC Administrative Charges were pending before the EEOC, by letters dated February 24, 2006, Plaintiffs notified Defendant they intended to retire effective June 30, 2006 and their retirements became effective July 1, 2006. D’Angelo Declaration ¶ 8; D’Angelo Decl. Exh. C. In its Determination Letters to Plaintiffs and Defendant, dated September 26, 2006, the EEOC concluded there was “reason to believe” Defendant had violated Plaintiffs’ rights under the ADEA and suggested conciliation. Plaintiffs’ Exh. B. In its determination, the EEOC found reasonable cause to believe that Plaintiffs rights had been violated by Defendant because, according to the EEOC, Plaintiffs had been subjected to consecutive annual classroom evaluations in April 2003 and again in March 2004, prior to the deadline established for acceptance of Defendant’s Early Retirement Incentive offer. Plaintiffs’ Exh. B at l. Specifically, the EEOC determined that Defendant’s purpose in offering Plaintiffs, and other older teachers in Defendant’s system, the Early Retirement Incentive was to reduce the number of more senior and highly paid teachers, such as Plaintiffs, on its payroll. Id. The EEOC also found that Defendant’s Early Retirement Incentive offer, the sequential annual classroom observations of Plaintiffs, that the EEOC determined to be inconsistent with Defendant’s past custom and practice, Plaintiffs’ Exh. B at 1, as well as Plaintiffs’ teaching reassignments, were not coincidental actions, but, in the opinion of the EEOC, were intended to obtain Plaintiffs’ early retirement under the Early Retirement Incentive. Id. at 2. In its Determination Letters, the EEOC again suggested the parties engage in conciliation activity with the EEOC. Id. The Determination Letters made no reference to any discriminatory conduct directed to Plaintiffs after March 2004 by Defendant, and while the letters state that Plaintiffs declined to accept Defendant’s Early Retirement Incentive offer, Plaintiffs’ Exh. B at 1, they do not indicate that Plaintiffs instead elected, on February 24, 2006, to retire at the end of June 2006. Plaintiffs’ Exh. B (passim). On January 11, 2007, the EEOC terminated its administrative proceedings against Defendant, and issued Right to Sue Letters to Plaintiffs. Plaintiffs’ Exh. A. On July 19, 2007, during a pre-trial scheduling conference before the court pursuant to Fed.R.Civ.P. 16(b), Plaintiffs’ attorney stated that Plaintiffs’ 2006 retirements constituted actionable constructive discharges. (Doc. No. 9) (Minute Entry). In their opposition to Defendant’s motion, Plaintiffs assert that on January 11, 2007, Plaintiffs sent a letter to the EEOC investigator, John Thompson (“Thompson”), who investigated Plaintiffs’ EEOC Administrative Charges, in response to Thompson’s request for additional information regarding Plaintiffs’ financial losses, stating that they had retired “at the end of the 2005-2006 school year due to the harassment related to this charge.” Plaintiffs’ Memorandum at 5. Copies of this correspondence between Thompson and Plaintiffs are not included in the record. No affidavits or other evidence were filed by Plaintiffs in opposition to Defendant’s motion, nor have Plaintiffs requested leave to conduct discovery, pursuant to Fed.R.Civ.P. 56(f), in order to oppose Defendant’s motion. DISCUSSION I. Plaintiffs’ ADEA Claims. Defendant seeks summary judgment on Plaintiffs’ ADEA claims, arguing Plaintiffs failed to allege or demonstrate a material issue of fact that, as a result of any age-related employment discrimination against Plaintiffs by Defendant, Plaintiffs were subject to an adverse employment action, a required element of Plaintiffs’ ADEA cause of action. Colby Declaration ¶ 3; Defendant’s Memorandum at 9-12; Defendant’s Reply Memorandum at 8. Specifically, Defendant argues that even if it is true that Defendant discriminated against Plaintiffs based on their ages, Colby Declaration ¶ 5, as the EEOC determined, Plaintiffs’ Exh. B at 2, Plaintiffs do not allege they suffered an adverse employment action, actionable under the ADEA, as a result of Defendant’s actions. Defendant’s Memorandum at 9. Plaintiffs concede that “as discrete incidents, the [teaching] reassignments and increased [classroom] observations [of Plaintiffs] do not individually amount to an adverse employment action.” Plaintiffs’ Memorandum at 8 (bracketed material added). Nevertheless, Plaintiffs contend that “the harassment and malice associated with such actions created a hostile work environment, which eventually resulted in a constructive discharge [when Plaintiffs retired in 2006], sufficient to establish a prima facie ADEA claim.” Id. (bracketed material added). Although Plaintiffs alleged that Defendant subjected Plaintiffs to “harassment, intimidation and different terms and conditions of employment ...,” based on Plaintiffs’ ages, Complaint ¶ 1, Plaintiffs did not raise a specific claim of constructive discharge in the Complaint. However, on July 19, 2007 at a pretrial conference conducted pursuant to Fed. R.Civ.P. 16(b) (“the Rule 16(b) Conference”) before the undersigned, Plaintiffs’ attorney stated that Defendant’s discriminatory actions had forced Plaintiffs into retirement in 2006. (Doc. No. 9) (Minute Entry). Consistent with this oral representation, Plaintiffs now contend, in opposition to Defendant’s motion, that they were constructively discharged as a result of a hostile work environment, commencing in March 2004, created by Defendant. Plaintiffs’ Memorandum at 4. Plaintiffs further maintain that Plaintiffs’ subsequent retirements in 2006 constituted constructive discharges that were reasonably related to Plaintiffs’ EEOC Administrative Charges, which included Plaintiffs’ allegations of Defendant’s harassment and intimidation as of the time the charges were filed, Colby Reply Decl. Exh. A, and therefore were reasonably within the scope of EEOC’s investigation. Plaintiffs’ Memorandum at 4. As such, Plaintiffs contend, in opposition to Defendant’s motion, Defendant’s Memorandum at 5-9, such hostile work environment and constructive discharge claims were administratively exhausted and are therefore actionable under Plaintiffs’ ADEA claims. Plaintiffs’ Memorandum at 5-8. Defendant opposes consideration of Plaintiffs’ hostile work environment and constructive discharge claims under the ADEA, arguing that not only does Defendant’s discriminatory conduct, even assuming it occurred as Plaintiffs allege, fail, as a matter of law, to establish a hostile work environment or the predicate for an actionable constructive discharge claim, but, additionally, Plaintiffs did not allege a hostile work environment created by Defendant or constructive discharge claim after June 2004 either in Plaintiffs’ EEOC Administrative Charges or, almost three years later, in the Complaint. Defendant’s Reply Memorandum at 9. In particular, Defendant contends that because in Plaintiffs’ EEOC Administrative Charges Plaintiffs specified March 5, 2004, the classroom observation of Field conducted by Defendant, as the date Defendant’s discriminatory conduct took place rather than checking the “continuing violation” or “other” type of violation box on the EEOC Notice of Charge of Discrimination Form, Colby Decl. Exh. A, there was no charge before the EEOC of a continuing course of discriminatory conduct after March 2004 by Defendant constituting a hostile work environment resulting in Plaintiffs’ constructive discharge in 2006 that could have been considered by the EEOC as an administrative prerequisite to this action. Defendant’s Reply Memorandum at 9. Defendant therefore contends Plaintiffs’ later assertions, at the Rule 16(b) Conference and, presently, in opposition to Defendant’s motion, Plaintiffs’ Memorandum at 4, that Plaintiffs’ retirements in June 2006 resulted from Defendant’s discriminatory conduct in 2004, notwithstanding the lapse of approximately 29 months following Defendant’s discriminatory conduct directed to Plaintiffs on March 5, 2004, are not reasonably related to Plaintiffs’ EEOC Administrative Charges. Defendant’s Memorandum at 5-9. Thus, according to Defendant, Plaintiffs have failed to exhaust their required administrative remedies before the EEOC on Plaintiffs’ belated allegations of a hostile work environment and constructive discharge as adverse employment actions and, as such, these claims, even if considered to have been pleaded in the Complaint, are time-barred. Defendant’s Reply Memorandum at 4-8; 8-10. Summary judgment will be granted when the moving party demonstrates that there are no genuine issues as to any material fact and that the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., All U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Rattner v. Netbum, 930 F.2d 204, 209 (2d Cir.1991). The court is required to construe the evidence in the light most favorable to the non-moving party. Tenenbaum v. Williams, 193 F.3d 581, 593 (2d Cir.1999) (citing Anderson, 477 U.S. at 255, 106 S.Ct. 2505); Rattner, 930 F.2d at 209. The party moving for summary judgment bears the burden of establishing the nonexistence of a genuine issue of material fact and if there is any evidence in the record based upon any source from which a reasonable inference in the nonmoving party’s favor may be drawn, the moving party cannot obtain a summary judgment. Celotex, 477 U.S. at 322, 106 S.Ct. 2548; see Anderson, 477 U.S. at 247-48, 106 S.Ct. 2505. The function of a district court in considering a summary judgment motion is not to resolve disputed issues of fact, but to determine whether there is a genuine issue of fact to be tried. Rattner, 930 F.2d at 209. In assessing the record, including any affidavits, exhibits, and other submissions, the court is required to resolve all ambiguities and to draw all factual inferences in favor of the nonmoving party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Rattner, 930 F.2d at 209. If the moving party meets its burden of demonstrating the absence of any genuine issue of material fact, the nonmoving party must come forward with “specific facts showing that there is a genuine issue for trial.” Fed. R.Civ.P. 56(e). The nonmoving party may not rest upon unsubstantiated allegations, conclusory assertions or mere denials, but must set forth and establish specific facts showing that there is a genuine issue for trial. Fed.R.Civ.P. 56(e). A metaphysical or other whimsical doubt concerning a material fact does not establish a genuine issue requiring trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 584, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Once a party moving for summary judgment has made a properly supported showing regarding the absence of any genuine issue as to all material facts, the nonmoving party, -with the burden of proof at trial, must, to defeat summary judgment, come forward with evidence that would be sufficient to support a jury verdict in its favor and “may not simply rely on conclusory statements or on contentions that the affidavits supporting the motion are not credible.” Goenaga v. March of Dimes Birth Defects Foundation, 51 F.3d 14, 18 (2d Cir.1995) (citing cases). The ADEA makes it unlawful “for an employer ... to discharge or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” 29 U.S.C. § 623(a)(1); Bond v. City of Middletown, 389 F.Supp.2d 319, 343 (D.Conn.2005). ADEA violations may be asserted by employees who are at least forty years old. Bond, 389 F.Supp.2d at 343 (citing 29 U.S.C. § 631(a)). ADEA claims are analyzed “under the same burden-shifting framework as claims brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.” Abdu-Brisson v. Delta Air Lines, Inc., 239 F.3d 456, 466 (2d Cir.), cert. denied, 534 U.S. 993, 122 S.Ct. 460, 151 L.Ed.2d 378 (2001). First, a plaintiff must present sufficient evidence to support a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Once plaintiff has presented prima facie evidence, the defendant must “articulate some legitimate, nondiscriminatory reason” for its decision. Id. If defendant meets this burden, the plaintiff must prove, by a preponderance of the evidence, that the reason articulated was a pretext for discrimination. Id. at 802-04, 93 S.Ct. 1817. To establish a prima facie case of age discrimination, Plaintiffs must show (1) they belong to a protected class; (2) they were qualified for their positions; (3) they were subjected to adverse employment action; and (4) circumstances which “give rise to an inference of discrimination.” Abdu-Brisson, 239 F.3d at 466-67 (citing McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817). Plaintiffs’ burden establishing a prima facie case of age discrimination under the ADEA is de minimis. Id. at 467. In this case, that Plaintiffs are members in the protected class, i.e., over forty years old at the time of the alleged discrimination, and qualified for their respective teaching positions with Defendant, is not disputed. Nor does Defendant directly contradict the EEOC’s finding that Defendant subjected Plaintiffs to discriminatory treatment by ordering Plaintiffs’ reassignments to teach fifth grade beginning with Defendant’s 2004-2005 school year, Plaintiffs’ Exh. B, and, as Plaintiffs allege in the Complaint, Complaint ¶ ¶ 1, 12, by conducting consecutive annual observations in April 2003 and again in March 2004 of Plaintiffs’ classroom teaching performance based on Plaintiffs’ ages and seniority. Colby Declaration ¶ 5 (“For the purpose of these motions only, the District accepts the allegations of the Complaint as true.”) (underlining added). However, Defendant maintains that Plaintiffs’ ADEA claims are, notwithstanding this concession, subject to summary judgment because Plaintiffs did not allege, either in Plaintiffs’ EEOC Administrative Charges or the Complaint, that Plaintiffs were subjected to an adverse employment action, as required by the ADEA, Abdu-Brisson, 239 F.3d at 466-67, resulting from such discrimination, and present no evidence, in opposition to Defendant’s motion, establishing a material issue of fact that Plaintiffs were subjected to an adverse employment action by Defendant, actionable under the ADEA, resulting from any acts of discrimination based on Plaintiffs’ ages, including Defendant’s unsuccessful attempt to effect Plaintiffs’ early retirement by acceptance of the Early Retirement Incentive, or any other discriminatory conduct related to Plaintiffs’ ages after March 2004. Defendant’s Memorandum at 9. As noted, Facts, supra, at 551, in opposition to Defendant’s motion, other than relying on the EEOC’s Determination Letters, Plaintiffs’ Exh. B., Plaintiffs submitted no affidavits or other admissible evidence raising material issues of fact related to any element of Plaintiffs’ ADEA claims, particularly that Plaintiffs were subjected to an adverse employment action as a result of age discrimination, as required by Fed.R.Civ.P. 56(c), (e)(2). See Goenaga, 51 F.3d at 18 (non-moving party with burden of proof at trial must establish existence of material issue of fact requiring trial to avoid summary judgment). Although in the Determination Letters the EEOC found grounds to believe Defendant discriminated against Plaintiffs based on their ages as alleged in the Complaint, Complaint ¶ ¶ 1, 12; Plaintiffs’ Exh. B at 2; Colby Declaration ¶ 5, on account of the teaching reassignments and additional classroom observations of Plaintiffs, Plaintiffs’ reliance on the EEOC’s findings to defeat Defendant’s motion, Plaintiffs’ Memorandum at 9, is unavailing. Findings of discrimination by the EEOC are not admissible evidence, per se, sufficient to avoid summary judgment. Wanamaker v. Columbian Rope Company, 907 F.Supp. 522, 538 n. 24 (N.D.N.Y. 1995) (admissibility of EEOC reasonable cause determination discretionary with district court dependent upon probative factual and a proper legal basis for administrative finding and quoting EEOC v. Regency Architectural Metals Corp., 896 F.Supp. 260, 263 (D.Conn.1995)), aff'd, 108 F.3d 462 (2d Cir.1997); see also Miller v. Saint-Gobain Advanced Ceramics Corp., 2004 WL 941798 *3 n. 8 (W.D.N.Y. Apr. 9, 2004) (“[district courts have substantial discretion with respect to the weight to be accorded an EEOC determination.”) (citing Wanamaker, 907 F.Supp. at 538 n. 24 and Regency Architectural Metals Corp., 896 F.Supp. at 263). In this case, the court finds the EEOC Determination Letters are inadmissible as insufficiently probative and without legal basis to avoid summary judgment. Specifically, as the Determination Letters do not make any findings that Defendant created a hostile work environment or caused Plaintiffs to be constructively discharged based on Plaintiffs’ ages, Plaintiffs’ Exh. B {passim), they provide no evidence of an adverse employment action, as required for a viable claim of employment discrimination, under the ADEA sufficient to avoid summary judgment. Further, as discussed, Discussion, infra, at 557-59, the two grounds upon which the EEOC’s determinations of age related discrimination were based — Plaintiffs’ teaching reassignments and increased classroom observations — are insufficient as a matter of law to constitute the required element under the ADEA that such discrimination resulted in material and adverse employment actions, and Plaintiffs concede as much. Plaintiffs’ Memorandum at 8. Thus, the EEOC’s determinations, addressing the merits of Plaintiffs’ ADEA claims, are at odds with prevailing caselaw, and inadmissible on that basis. See Wanamaker, 907 F.Supp. at 538 n. 24 (lack of legal basis for EEOC finding of retaliation against plaintiff renders EEOC determination inadmissible). Here, it is undisputed that the sole basis for Plaintiffs’ ADEA claims is that Defendant, in an attempt to force Plaintiffs to accept early retirement in 2004, reassigned Plaintiffs to teach fifth grade at the beginning of the next school year, and then subjected each of them to an additional classroom observation — contrary to Defendant’s past policy and practice — which took place in March 2004, approximately one year after the classroom observations of Plaintiffs which Defendant conducted in April 2003 pursuant to the CBA. Plaintiffs do not contest that such changes in teaching assignments and additional administrative scrutiny of their work, without more, fail as a matter of law to establish an adverse employment action sufficient to support an ADEA claim. Plaintiffs’ Memorandum at 8. Nor do Plaintiffs disagree that the additional classroom observations were permitted under the CBA, and that neither Plaintiffs nor their union ever attempted to file either a grievance or an arbitration request based on the consecutive April 2003 and March 2004 classroom observations, D’Angelo Declaration ¶ 7, to which Plaintiffs point, Complaint ¶ ¶ 1, 12, and the EEOC found, Plaintiffs’ Exh. B, as evidence of Defendant’s age-related discriminatory conduct toward them. Moreover, Plaintiffs do not dispute D’Angelo’s statement, D’Angelo Declaration ¶¶ 5-6, that Plaintiffs’ teaching reassignments did not result in any degradation of Plaintiffs’ working conditions based on the location of Plaintiffs’ classrooms, or any professional duties outside Plaintiffs’ teaching certifications, including fifth grade at the Fletcher School, or diminishment of Plaintiffs’ “salaries, benefits, prestige or opportunities for advancement.” Id. As such, Defendant maintains Plaintiffs fail to raise any material issue of fact that Plaintiffs’ teaching reassignments or the extra classroom observations amounted to a “material adverse change” in Plaintiffs’ working conditions or potential for career advancement. Defendant’s Memorandum at 11-12. In opposing Defendant’s request for summary judgment, Plaintiffs rely on their allegation that they suffered “damages to their reputation,” Complaint ¶ 22, Plaintiffs’ Fact Statement denying Defendant’s assertion that the reassignments “did not affect their salaries, benefits, prestige or opportunities for advancement,” Plaintiffs’ Fact Statement ¶ 10, and the EEOC’s Right to Sue and Determination Letters to Plaintiffs, Plaintiffs’ Exhs. A and B. Notwithstanding these allegations, Plaintiffs have failed to submit any evidence, by affidavit or otherwise, to counter Defendant’s factual representations and averments supporting Defendant’s motion. It is fundamental that to avoid summary judgment a plaintiff having the burden of proof, as do Plaintiffs in this case, must point to admissible evidence demonstrating a material issue of fact relevant to the elements of their claims and may not rely on their pleadings or mere denials of a defendant’s statement of undisputed facts. Fed.R.Civ.P. 56(e)(2) (opposing party may not rely on “allegations or denials in its own pleadings”); Goenaga, 51 F.3d at 18; Covelli v. Nat’l Fuel Gas Distribution Corp. 2001 WL 1823584, at *1 (W.D.N.Y. Dec. 6, 2001) (citing Holtz v. Rockefeller & Go., 258 F.3d 62, 74 (2d Cir.2001) (mere denials of moving party’s statement of undisputed facts insufficient to establish material issues of fact)), aff'd, 49 Fed.Appx. 356 (2d Cir.2002) (table). Additionally, as discussed, Discussion, supra, at 555, the EEOC Determination Letters, relied on by Plaintiffs, which found Defendant had engaged in age-related discriminatory employment conduct against Plaintiffs based on Plaintiffs’ ages, are inadmissible and thus insufficient to avoid summary judgment against Plaintiffs on Plaintiffs’ ADEA claims. Generally, to establish an adverse employment action under the ADEA, a plaintiff must establish that a defendant’s discriminatory actions resulted in “ ‘materially adverse changes in the terms and conditions of employment....’” Chandler v. AMR American Eagle Airline, 251 F.Supp.2d 1173, 1184 (E.D.N.Y.2003) (quoting Henriquez v. Times Herald Record, 1997 WL 732444, at *5 (S.D.N.Y. Nov. 25, 1997), aff'd, 165 F.3d 14 (2d Cir.1998)). As relevant to the instant case, courts have held that increased employer scrutiny is not sufficient to establish an adverse employment action. See Alfieri v. SYSCO Food Services — Syracuse, 192 F.Supp.2d 14, 23 (W.D.N.Y.2001) (“hypercritical supervisor” and “unfair and unwarranted treatment” not actionable) (quoting Stetson v. NYNEX Serv. Co., 995 F.2d 355, 360 (2d Cir.1993)). Thus, despite the fact that Plaintiffs had been subjected to similar classroom observations during April 2003, arguably contravening Defendant’s past policy and practice as the EEOC Determination Letters found, Plaintiffs’ Exh. B at 1, Defendant’s classroom observations of Plaintiffs which occurred on March 15 and 24, 2004, after Plaintiffs were informed, on either March 5 or 7, 2004, of their new fifth grade teaching assignments, do not demonstrate Plaintiffs were subjected to an adverse employment action actionable under the ADEA. Although, under the ADEA a forced early retirement may constitute a form of adverse employment action, Less v. Nestle Co., 705 F.Supp. 110, 114 (W.D.N.Y.1988) (recognizing that allegation of coerced early retirement may support a constructive discharge claim under ADEA), it is undisputed that Plaintiffs declined Defendant’s Early Retirement Incentive. Plaintiffs’ Memorandum at 6 (Plaintiffs “elected not to retire [in 2004]”), id. at 9 (“[Plaintiffs] involuntarily retired in June of 2006.”) (bracketed material added). Plaintiffs’ Exh. B at 1 (“Charging party elected not to retire.”) Despite this contention, Plaintiffs do not aver by affidavit, in opposition to Defendant’s motion, that but for Defendant’s discriminatory actions in 2004, they would have continued to teach at any grade level at the Fletcher School beyond their 2006 retirements, particularly the first and second grades. Nor is a reassignment of a plaintiffs teaching duties sufficient to establish an adverse employment action for ADEA purposes. See Galabya v. New York City Bd. of Educ., 202 F.3d 636, 641 (2d Cir.2000) (no adverse employment action under ADEA where plaintiffs teaching assignment not shown to be less prestigious, less suited to appellant’s skills and expertise, nor inhibiting plaintiffs career advancement); Chandler, 251 F.Supp.2d at 1183 (“[a] job reassignment, without attendant material adverse consequences, is not an adverse employment action.”); Ticali v. Roman Catholic Diocese of Brooklyn, 41 F.Supp.2d 249, 265 (E.D.N.Y.) (despite plaintiffs “disdain” to teaching prekindergarten, summary judgment granted to employer based on plaintiffs failure to present “material evidence that her transfer [to prekindergarten from teaching first grade] obliged her to perform tasks that were less appropriate for her skills than her prior position or adverse to her in any other legally cognizable way.” (bracketed material added)), aff'd, 201 F.3d 432 (2d Cir.1999). “ ‘[I]f a transfer is truly lateral and involves no significant changes in an employee’s conditions of employment, the fact that the employee views the transfer either positively or negatively does not itself render the denial or receipt of the transfer [an] adverse employment action.’ ” Carmellino v. Dist. 20 of New York City Dep’t. of Educ., 2006 WL 2583019, at *39 (S.D.N.Y. Sept. 6, 2006) (quoting Williams v. R.H. Donnelley, Carp., 368 F.3d 123, 128 (2d Cir.2004)). Importantly, Plaintiffs fail to provide any evidence, in opposition to Defendant’s motion, to explain why teaching fifth grade during the 2004-2005 school year, and for the 2005-2006 school year, at the Fletcher School could be reasonably considered to be a more difficult professional task for Plaintiffs to perform than teaching first and second grades in the 2003-2004 school year, or in prior years at the Fletcher School. See Carmellino, 2006 WL 2583019, at * 29 (S.D.N.Y. Sept. 6, 2006) (citing Ticali, 41 F.Supp.2d at 265). See also Patrolmen’s Benevolent Ass’n v. City of New York, 74 F.Supp.2d 321, 335 (S.D.N.Y.1999) (“The key inquiry regarding involuntary transfers is whether the transfer constitutes a negative employment action tantamount to a demotion.”). Other than the consecutive annual classroom observations which eoncededly took place in April 2003 and March 2004, Plaintiffs submit no evidence of any other alleged forms of harassment including other such observations or heightened administrative scrutiny occurring after March 2004 by Defendant related to Plaintiffs’ teaching activities. Although Plaintiffs allege their teaching reassignments constituted a potential CBA violation, as “an unsound administrative decision,” Complaint ¶¶ 15-16, and that Plaintiffs “suffered damages to their reputations,” as a result of the reassignments, Complaint ¶ 22, Plaintiffs point to no evidence to support such assertions. Nor do Plaintiffs provide any evidence that Plaintiffs suffered economic losses, whether in salary or fringe benefits, as a result of the reassignments or the consecutive classroom observations in March 2004. Facts, supra, at 551, and Plaintiffs’ denials, Plaintiffs’ Fact Statement ¶ 10, of Defendant’s Fact Statement asserting Plaintiffs did not suffer such losses, Defendant’s Fact Statement ¶ 10, are insufficient to avoid summary judgment. See Covelli, 2001 WL 1823584 at *1 (denials of moving party’s undisputed fact statement insufficient to avoid summary judgment). Allegations in a complaint are, of course, no bar to summary judgment, Fed.R.Civ.P. 56(e)(2), and Plaintiffs make no effort to contradict D’Angelo’s averments, D’Angelo Declaration ¶ 5, that Plaintiffs were not required to change buildings or teach outside the scope of their teaching certifications in connection with the reassignments. The record is therefore devoid of anything to support a reasonable inference that Plaintiffs’ teaching reassignments, or additional classroom observations, were tantamount to a demotion or constituted a significant and material adverse change in Plaintiffs’ working conditions. See Chandler, 251 F.Supp.2d at 1184 (summary judgment granted where plaintiff failed to demonstrate defendant’s reassignment of plaintiff had “affected his pay, hours, or position within the organization.”). Thus, Plaintiffs have failed to show there exists any evidence requiring trial that as a result of the only alleged discriminatory conduct directed to Plaintiffs by Defendant on this record — the March 2004 classroom observations and change in teaching assignments — Plaintiffs suffered any adverse employment action, including a change of working conditions, loss of professional status, or any diminution of compensation or benefits sufficient to sustain Plaintiffs’ ADEA claims. See Goenaga, 51 F.3d at 18 (where moving party carries its burden of showing there exists no material issue of fact on an element of plaintiffs claim, plaintiffs failure to come forward with evidence sufficient to support a jury verdict in its favor, where plaintiff has burden of proof, requires summary judgment in favor of the moving party). Plaintiffs do not dispute they carry the burden of proof at trial on the issues relevant to Defendant’s motion. Although Plaintiffs concede that their teaching reassignments and increased observations do not amount to an adverse employment action, Plaintiffs’ Memorandum at 8, Plaintiffs nonetheless argue, in opposition to Defendant’s motion, that the “harassment and malice associated with these actions created a hostile work environment” and resulted in Plaintiffs’ constructive discharge when Plaintiffs decided to retire, “involuntarily,” in 2006 thereby constituting adverse employment actions. Plaintiffs’ Memorandum at 8-9. There are several difficulties with Plaintiffs’ contentions. First, a fair reading of the Complaint fails to reveal any discernible allegation that Plaintiffs’ claimed Defendant’s discriminatory conduct created a hostile work environment while Plaintiffs were employment at the Fletcher School or resulted in a constructive discharge at any time. “[T]o prevail on a hostile work environment claim under Title VII and the ADEA, a plaintiff must show that the harassment was sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Terry v. Ashcroft, 336 F.3d 128, 147 (2d Cir.2003) (internal quotations omitted). In particular, Plaintiffs must show “either that a single incident was extraordinarily severe, or that a series of incidents were sufficiently continuous and concerted to have altered the conditions of [Plaintiffs’] working environment.” Cruz v. Coach Stores, Inc., 202 F.3d 560, 570 (2d Cir.2000) (internal quotation omitted). A constructive discharge claim based on a hostile work environment requires a showing that the altered work conditions become “so difficult or unpleasant that a reasonable person in the employee’s shoes would have felt compelled to resign[,]” or retire. Less, 705 F.Supp. at 114 (ADEA claims based on alleged forced early retirement) (quoting Rosado v. Santiago, 562 F.2d 114, 119 (1st Cir.1977) and quoted in Pena v. Brattleboro Retreat, 702 F.2d 322, 325 (2d Cir.1983)). In determining the hostility of the work environment, the totality of the circumstances is considered, including “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Harris v. Forklift Sys., Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). “As a general rule, discriminatory incidents must be more than ‘episodic; they must be sufficiently continuous and concerted in order to be deemed pervasive.’” Terry, 336 F.3d at 148 (citing Alfano v. Costello, 294 F.3d 365, 374 (2d Cir.2002) (quoting Perry v. Ethan Allen, Inc., 115 F.3d 143, 149 (2d Cir.1997)); see also Murphy v. Bd. of Educ. of Rochester City Sch. Dist., 273 F.Supp.2d 292, 304 (W.D.N.Y.2003) (court rejected plaintiff-teacher’s hostile work environment claim against defendant-school district and found that, despite having lost numerous committee posts and becoming subjectively “devastated” by his transfer, plaintiff had not shown that his transfer “created a ‘materially significant disadvantage.’”) (quoting Galabya, 202 F.3d at 641)), aff'd, 106 Fed.Appx. 746 (2d Cir. 2004). While Plaintiffs’ EEOC Administrative Charges and the Complaint allege Defendant subjected Plaintiffs to harassment and intimidation, Colby Reply Decl. Exh. A; Complaint ¶ ¶ 1, 12, other than the additional classroom observations and teaching reassignments in March 2004, no discriminatory conduct, motivated by Plaintiffs’ ages, directed to Plaintiffs by Defendant is mentioned in Plaintiffs’ EEOC Administrative Charges nor are any such facts alleged in the Complaint. Significantly, in its Determination Letters, the EEOC failed to allude to any other acts of discrimination directed to Plaintiffs by Defendant after the March 2004 incidents. Plaintiffs’ Exh. B (passim). While Plaintiffs now insist that Defendant’s “harassment and malice associated with [the teaching] reassignments and increased observations, ... created a hostile work environment, which resulted in a constructive discharge,” Plaintiffs’ Memorandum at 8 (bracketed material added), this assertion is plainly absent from both the Plaintiffs’ EEOC Administrative Charges and their Complaint. Thus, even if Plaintiffs’ EEOC Administrative Charges and the Complaint are liberally read to allege a claim that Defendant subjected Plaintiffs to a hostile work environment, Plaintiffs’ failure to point to any evidence of such a hostile work environment, apart from the additional classroom observations and teaching reassignments which occurred in March 2004, and Plaintiffs’ failure to allege any subsequent constructive discharge, specifically in 2006 as Plaintiffs now maintain, either in Plaintiffs’ EEOC Administrative Charges or the Complaint, resulting from a hostile work environment, is fatal to Plaintiffs’ present assertions of such adverse employment actions in opposition to Defendant’s motion directed to Plaintiffs’ ADEA claims. See Beckman v. United States Postal Serv., 79 F.Supp.2d 394, 407-08 (S.D.N.Y.2000) (unpleaded claims raised for first time in memorandum in opposition insufficient to avoid summary judgment) (citing Yerdon v. Henry, 91 F.3d 370, 379 (2d Cir.1996)); Duquin v. Dean, 423 F.Supp.2d 411, 413-14 (S.D.N.Y.2006) (absent facts alleged in complaint to support claim raised for first time in plaintiffs memorandum of law in opposition to summary judgment motion, such belated claim not considered). Although the court may look to a party’s memorandum of law in opposition to a motion to dismiss in order to “clarify allegations in ... [a] complaint whose meaning is unclear,” Pegram v. Herdrich, 530 U.S. 211, 230 n. 10,120 S.Ct. 2143, 147 L.Ed.2d 164 (2000) (citing cases), here the Complaint is not lacking in clarity, rather, it is lacking in factual statements that Defendant created a hostile work environment and constructively discharged Plaintiffs. Thus, Plaintiffs’ Memorandum statements cannot constitute a viable pleading to avoid summary judgment. Notably, Plaintiffs have not sought leave to file an amended complaint to assert a claim based on a hostile work environment or constructive discharge, nor, as noted, Facts, supra, at 551, did Plaintiffs request to conduct discovery to develop evidence, pursuant to Fed.R.Civ.P. 56(f) in order to oppose Defendant’s motion. Even assuming Plaintiffs exhausted required administrative remedies before the EEOC as to Plaintiffs’ charges of Defendant’s harassment and intimidation, creating a hostile work environment, based on Defendant’s changes in Plaintiffs’ teaching assignments and additional classroom observations as stated in Plaintiffs’ EEOC Administrative Charges, and liberally construing Plaintiffs’ allegations, Complaint ¶ 1 (“Defendant ... discriminated against [Plaintiffs] ... through harassment and intimidation,”) (bracketed material added), ¶ 12 (same), as stating a hostile work environment claim, such charges and allegations are insufficient as a matter of law to support a claim of an adverse employment action based on such harassment and intimidation by Defendant, the only facts potentially describing a hostile work environment alleged in the Complaint. In other words, although Plaintiffs may have alleged a hostile work environment claim that was properly exhausted before the EEOC, such claimed adverse employment action was limited by its own terms to the Defendant’s discriminatory conduct which occurred in March 2004, and concededly did not lead to any constructive discharge of Plaintiffs at that time. As discussed, Discussion, supra, at 556-59, because the sole basis of such a hostile work environment were the teaching reassignments and the extra classroom observations in 2004, as Plaintiffs allege, the claim is insufficient as a matter of law and Plaintiffs failed to submit any evidence demonstrating Defendant continued to harass and intimidate them on some other legally cognizable basis after this time period. Second, although Plaintiffs maintain, Plaintiffs’ Memorandum at 5, they informed Thompson, the EEOC investigator, on January 11, 2007, the same day the EEOC issued Plaintiffs’ Right to Sue Letters formally closing the EEOC’s investigation of Plaintiffs’ EEOC Administrative Charges, Plaintiffs’ Exhibit A, that, because of Defendant’s continued harassment, they were compelled to retire at the end of June 2006, Plaintiffs failed to include in the record a copy of such letter. As no allegations of a hostile work environment, continuing after Defendant’s March 2004 classroom reassignments and classroom observations of Plaintiffs, and Plaintiffs’ newly alleged consequent constructive discharges are included in Plaintiffs’ EEOC Administrative Charges, Plaintiffs’ present assertion of such claims in opposition to Defendant’s motion is time-barred because Plaintiffs have not demonstrated that these allegations were presented to the EEOC in Plaintiffs’ EEOC Administrative Charges, and the statutory 300-day period commencing March 5, 2004, the earliest (and last) day in which Plaintiffs asserted Defendant’s discriminatory acts occurred, Facts, supra, at 550, -within which Plaintiffs were required to file such charges with the EEOC, see Holowecki, 440 F.3d at 562 (ADEA charge required to be filed within the earlier of 300 days after the alleged unlawful practice or within 30 days after termination of state agency investigation), has long-since passed. Finally, as with Plaintiffs’ claims of Defendant’s continued harassment and intimidation resulting in a hostile work environment occurring after Defendant’s discriminatory actions in March 2004, as found by the EEOC, Plaintiffs’ Memorandum at 8, Plaintiffs’ belated claims of their constructive discharges which occurred, according to Plaintiffs, in February 2006 when Plaintiffs advised Defendant of their intent to retire at the end of Defendant’s 2005-2006 school year, nothing in the record supports Plaintiffs’ contention, Plaintiffs’ Memorandum at 4-5, that such allegation was presented to the EEOC or is reasonably related to Plaintiffs’ EEOC Administrative Charges of Defendant’s ADEA violations which were considered, or could reasonably have been considered, by the EEOC sufficient to overcome Defendant’s argument that such claims were not administratively exhausted. Defendant’s Memorandum at 5-6. Specifically, Defendant maintains that Plaintiffs’ attempt to raise a constructive discharge claim, first asserted by Plaintiffs at the Rule 16(b) conference and, later, in opposition to Defendant’s motion based on assertions in Plaintiffs’ Memorandum, must be rejected as Plaintiffs failed to exhaust their administrative remedies with respect to such claims. Id. “Exhaustion of administrative remedies through the EEOC is ‘an essential element’ of the Title VII and ADEA statutory schemes and, as such, a precondition to bringing claims in federal court.” Leg nani v. Alitalia Linee Aeree Italiane, S.P.A, 274 F.3d 683, 686 (2d Cir.2001). As noted, Discussion, supra, at 558-59, to exhaust administrative remedies under the ADEA, Plaintiffs must have filed then-complaints with the EEOC within 300 days of the alleged discriminatory conduct. 29 U.S.C. § 626(d)(2); Holowecki, 440 F.3d at 562. “A federal court may only consider those ADEA claims that were included in the original EEOC charge or those that are reasonably related to that charge,” Del Franco v. New York City Off-Track Betting Corp., 429 F.Supp.2d 529, 541 (E.D.N.Y.2006) (internal quotation omitted), aff'd, 245 Fed.Appx. 42 (2d Cir.2007) (table), or those claims which can “reasonably be expected to grow out of the charge of discrimination.” Id. (quoting Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 83 (2d Cir.2001)); Cunningham, v. Consol. Edison Inc., 2006 WL 842914, at *13 (E.D.N.Y. Mar. 28, 2006) (“[W]here subsequent claims are reasonably related to claims brought in an EEOC charge, the subsequent claims are not barred.”). A claim not specifically included in an EEOC charge is “reasonably related” to the charge if, for example, the subsequent claim is one for retaliation or where a subsequent claim “ ‘alleges further incidents of discrimination carried out in precisely the same manner.’ ” Katz v. Beth Israel Medical Center, 2001 WL 11064, at *6 (S.D.N.Y. Jan. 4, 2001) (quoting Butts v. City of New York Dep’t of Hous. Pres. & Dev., 990 F.2d 1397 at 1401 (2d Cir.1993)). Here, Plaintiffs have not shown a reasonable relationship between the Defendant’s discriminatory practices, specifically the additional classroom observations and new teaching assignments in 2004, as Plaintiffs alleged in their EEOC Administrative Charges and Plaintiffs’ subsequent retirements in 2006, now asserted by Plaintiffs, Plaintiffs’ Memorandum at 5, as a constructive discharges constituting an adverse employment action by Defendant actionable under the ADEA. Particularly, Plaintiffs contend that their constructive discharge claims were within the scope of the EEOC investigation directed to Plaintiffs’ EEOC Administrative Charges and, as such, are reasonably related to these charges and thus exhausted, because Plaintiffs informed the EEOC investigator, Thompson, of Plaintiffs’ constructive discharge claims before the EEOC investigation was formally concluded. Plaintiffs’ Memorandum at 5. According to Plaintiffs, they informed Thompson of their retirement which occurred “at the end of the 2005-2006 school year due to the harassment related to this charge,” Facts, supra, at 551 (quoting Plaintiffs’ Memorandum at 5) by a letter dated January 11, 2007 from their attorney, the same attorney of record in this action. However, unless Plaintiffs hand-delivered such letter to Thompson that same day, and before the EEOC issued the Right to Sue Letters, also dated January 11, 2007, Plaintiffs’ Exh. A, Plaintiffs could not have so notified the EEOC of their eventual retirement in 2006 before the conclusion of the EEOC’s investigation of Plaintiffs’ EEOC Administrative Charges which were still then formally pending before the EEOC. Notably, Plaintiffs neither allege, nor aver by affidavit, that they hand-delivered the letters to the EEOC investigator on January 11, 2007, nor explain how the investigator could plausibly have received the letters on that date. Moreover, nowhere in the Determination Letters, issued seven months after Plaintiffs notified Defendant on February 24, 2006 of their intention to retire in June 2006, did the EEOC mention the subject of Plaintiffs’ eventual retirement, or even their intent to retire in the future, voluntarily or otherwise. The absence of any reference to Plaintiffs’ expected or eventual retirement in the EEOC’s Determinations Letters amply supports the conclusion that, contrary to Plaintiffs’ present representation, Plaintiffs’ letter (assuming such letter was in fact sent) to the EEOC investigator was not received before the EEOC terminated its investigation of Plaintiffs’ EEOC Administrative Charges, and, on this record, no reasonable juror could find otherwise. Significantly, despite receiving the EEOC’s September 26, 2006 Determination Letters stating that Plaintiffs had not accepted Defendant’s Early Retirement Incentive had “elected not to retire”, until January 11, 2007, nearly four months later Plaintiffs made no effort to inform the EEOC that they considered their 2006 retirements, which took effect three months prior to the issuance of the EEOC’s Determination Letters, were constructive discharges caused by Defendant’s age-related discrimination against Plaintiffs that created a continuing hostile work environment maintained by Defendant after March 2004, including, presumably, the continuation of Plaintiffs’ assignments to teach fifth grade at the Fletcher School for the next two school years. These undisputed facts demonstrate that the allegations in Plaintiffs’ EEOC Administrative Charges turned on Defendant’s effort, as Plaintiffs had asserted, to pressure Plaintiffs into accepting the Early Retirement Incentive to effect Plaintiffs’ retirements at the end of the 2003-2004 school year, not that Plaintiffs had alleged a hostile work environment that could lead to their retirement two years later. The EEOC’s investigation was accordingly limited to Plaintiffs’ allegations as stated in the Plaintiffs’ EEOC Administrative Charges and Plaintiffs’ present hostile work environment and constructive discharge claims are not reasonably related to the scope of the EEOC’s investigation. Plaintiffs’ present hostile work environment and constructive discharge claims are predicated on the facts, now alleged by Plaintiffs, that after the events of March 2004, Plaintiffs were compelled to teach fifth grade under the burden of Defendant’s discriminatory reassignments for the next two school years, thereby eventually achieving Defendant’s objective of forcing Plaintiffs to retire in 2006, albeit not in response to the Early Retirement Incentive offer. These facts are at such variance with the facts alleged by Plaintiffs in Plaintiffs’ EEOC Administrative Charges as to require an investigation by the EEOC of “events differing in time and nature” rendering Plaintiffs’ present claims not reasonably related to Plaintiffs’ initial EEOC charges of Defendant’s age discrimination. Wiley v. Citibank, N.A., 2000 WL 122148 *4 (S.D.N.Y. Feb. 1, 2000) (failure to exhaust occurred where “[plaintiff alleges factually distinct discriminatory practices in her constructive discharge claim that would require an investigation of events differing in time and nature” from the scope of agency investigation) (plaintiffs constructive discharge in 1995 not alleged to be “directly a result” of discrimination complaints filed with the agency in 1990 and 1992); see also Bridges v. Eastman Kodak Co., 822 F.Supp. 1020, 1026 (S.D.N.Y.1993) (“[T]he factual allegations in the EEOC charge, rather than any legal theories stated therein, should be the focus for determining whether a cause of action is reasonably related to the plaintiffs EEOC charge.”). Here, nothing in Plaintiffs’ EEOC Administrative Charges could reasonably be understood to state Plaintiffs’ present assertions that a hostile work environment had been, first created i