208 F. Supp. 3d 505
S.D.N.Y.2016Background
- Plaintiff Raymond Donahue, a 58-year-old American, worked as Head of Program Sales for Veria Living (Asia TV) from 2010 to January 9, 2015; he alleges depression and insomnia.
- Donahue alleges Asia TV executives, particularly ZEEL Chairman Subhash Chandra and CEO Suresh Bala Iyer, made disparaging remarks about Americans and that Chandra told Donahue the company “needed someone younger” and suggested Vivek Prabhu as a replacement.
- Donahue was placed on 30 days’ notice in July 2014, took medical leave for stress on July 21, 2014, and was terminated while still on leave on January 9, 2015; Asia TV replaced his contact information with Prabhu’s while he was on leave.
- Donahue filed an EEOC charge on August 14, 2014 alleging discrimination and hostile work environment based on national origin and age; EEOC found reasonable cause.
- Defendants: Asia TV moved to dismiss several counts and to strike portions of the complaint; ZEEL moved to dismiss arguing it did not employ Donahue (challenging single/joint employer liability) and challenged exhaustion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA retaliation (Count 18) | Donahue claims he was retaliated against for taking medical leave; replacement and eventual termination show retaliatory intent | Asia TV argues Donahue did not plead eligibility (1,250 hours) and failed to plead facts giving rise to retaliatory animus | Dismissed: plaintiff failed to plead FMLA eligibility and facts supporting inference of retaliation |
| ADA disability discrimination (Count 15) | Donahue alleges termination was based in part on his depression/insomnia | Asia TV argues Donahue did not exhaust EEOC administrative remedies or provide notice in charge of disability claim | Dismissed: ADA claim not reasonably related to EEOC charge alleging only retaliation for medical leave |
| Hostile work environment (Title VII/ADEA/NYSHRL vs NYCHRL) | Donahue points to derogatory remarks about Americans and ageist comments directed at him and others | Asia TV contends remarks are isolated/insufficiently severe or pervasive to state federal/state hostile-environment claims | Title VII, ADEA, NYSHRL hostile-environment claims dismissed; NYCHRL claim survives (liberal, independent standard; treated "less well" plausible) |
| ZEEL liability (single/joint employer; exhaustion) | Donahue alleges ZEEL/Asia TV are single or joint employers via Chandra’s extensive control and that ZEEL was named in EEOC charge | ZEEL says it never employed Donahue and was not a proper EEOC respondent | Survives: factual allegations about Chandra’s control plausibly plead joint/single-employer liability; exhaustion argument rejected because ZEEL was named in charge |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (grounds for plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading must state a plausible claim)
- Alfano v. Costello, 294 F.3d 365 (hostile work environment elements)
- Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (NYCHRL claims analyzed independently and liberally construed)
- Arculeo v. On-Site Sales & Mktg., LLC, 425 F.3d 193 (joint-employer principles)
- Clinton’s Ditch Co-op. Co. v. NLRB, 778 F.2d 132 (single vs. joint employer doctrines)
- Potenza v. City of New York, 365 F.3d 165 (elements for FMLA retaliation claim)