159 F. Supp. 3d 351
S.D.N.Y.2016Background
- Plaintiff Dario Fernandez worked as a delivery driver for Windmill (and related entities) beginning in 2003 and was a member of Teamsters Local 812.
- In August 2009 Fernandez injured his back at work, provided a doctor’s note, and began leave on Sept. 29, 2009; he returned to work on Jan. 20, 2010 with a medical clearance.
- After returning, Fernandez met with supervisors who questioned him about his leave; approximately two months later he learned from a third party he had been terminated.
- Fernandez sued under the FMLA, New York State Human Rights Law (NYSHRL), and New York City Human Rights Law (NYCHRL), seeking compensatory and punitive damages and fees; only Windmill and Phoenix appeared.
- Defendants moved to dismiss, arguing (1) the collective bargaining agreement (CBA) requires arbitration of Fernandez’s statutory claims and (2) the amended complaint fails to state claims under the FMLA, NYSHRL, and NYCHRL; the court converted only the arbitration issue to partial summary judgment.
- The court denied arbitration, dismissed Fernandez’s FMLA interference and retaliation claims and his NYCHRL retaliation claim, but denied dismissal of his NYSHRL and NYCHRL disability discrimination (failure-to-accommodate) claims and granted leave to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CBA mandates arbitration of Fernandez’s statutory claims | CBA does not clearly and unmistakably waive right to litigate statutory claims in court | CBA’s broad grievance and antidiscrimination clauses require exclusive arbitration | Denied — CBA does not clearly and unmistakably waive statutory judicial remedies; claims need not be arbitrated |
| Whether FMLA interference claim was sufficiently pleaded | Windmill failed to notify him of FMLA rights, which interfered with his ability to preserve benefits | Even if notice was defective, Fernandez took (and exceeded) 12 weeks and alleges no prejudice | Granted — interference claim dismissed for failure to plead prejudice or that he could have returned after 12 weeks |
| Whether FMLA retaliation claim was sufficiently pleaded | Fernandez was terminated after returning from FMLA leave, supporting an inference of retaliatory intent | Two-month gap and lack of facts linking any protected complaints to termination undermine inference | Granted — retaliation claim dismissed for failure to allege facts giving rise to retaliatory intent |
| Whether NYSHRL/NYCHRL disability discrimination and NYCHRL retaliation claims survive pleading challenge | Fernandez alleged disability and requested unpaid leave as an accommodation; he also alleges retaliation for taking leave | Defendants contend he cannot be "qualified" because he was absent/needed extended leave; taking leave is not protected activity under NYCHRL | Denied as to disability discrimination — complaints plausibly allege reasonable accommodation (leave); Granted as to NYCHRL retaliation — taking leave is not protected activity |
Key Cases Cited
- Wright v. Universal Maritime Serv. Corp., 525 U.S. 70 (CBA cannot waive federal statutory rights in judicial forum unless waiver is clear and unmistakable)
- 14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (CBA that expressly references specific statutory rights may constitute clear waiver of judicial forum)
- Alexander v. Gardner-Denver Co., 415 U.S. 36 (CBA that does not expressly reference statutory claims does not demonstrate waiver to arbitrate those claims)
- Ragsdale v. Wolverine Worldwide, Inc., 535 U.S. 81 (a plaintiff alleging defective FMLA designation must show prejudice to succeed on interference claim)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506 (employment-discrimination complaints need not plead a prima facie case to survive Rule 12(b)(6))
- Ashcroft v. Iqbal, 556 U.S. 662 (complaint must contain factual matter sufficient to state plausible claim)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)