106 F. Supp. 3d 431
S.D.N.Y.2015Background
- Plaintiff Mireille Mesias, a 59-year-old Haitian female, worked as a Word Processing Specialist at Cravath 1997–2013.
- She was the only Haitian in her position among similarly situated colleagues.
- Alleged slights, disciplinary actions, and adverse treatment occurred primarily in the last decade of employment.
- Incidents include 2003 warning, 2004 vacation-day borrowing denial, ongoing computer problems, and 2007 EAP participation.
- 2011–2013 events: missed attendance bonus, negative reviews, probation, warnings, and October 2013 termination.
- Court granted Cravath’s Rule 12(b)(6) motion as to federal claims, declining supplemental jurisdiction over state-law claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether national origin discrimination is plausibly alleged | Mesias alleges she was treated differently as Haitian | Cravath disputes plausible inference of nationality bias | National-origin claim not plausibly alleged |
| Whether gender/age discrimination is plausibly alleged | Remarks about menopausal women show discriminatory intent | Remakrs too remote to show discriminatory connection to termination | Gender and age claims not plausibly alleged |
| Whether hostile work environment is plausibly alleged | Age/gender remarks and punitive treatment created hostile environment | Incidents not severe or pervasive enough | Hostile work environment claim not plausibly alleged |
| Whether state-law claims should be dismissed for lack of federal claims | State claims should proceed alongside federal claims | No supplemental jurisdiction after federal claim dismissal | Declined supplemental jurisdiction over NYSHRL/NYCHRL claims |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading standard: plausibility)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading standard: plausible claims)
- Holcomb v. Iona Coll., 521 F.3d 130 (2d Cir. 2008) (discrimination elements framework)
- Kajoshaj v. N.Y. City Dep’t of Educ., 543 F. App’x 11 (2d Cir. 2013) (dismissing discrimination lack of evidence of nexus)
- Alfono v. Costello, 294 F.3d 365 (2d Cir. 2002) (hostile environment factors and severity)
- Loeffler v. Staten Island Univ. Hosp., 582 F.3d 268 (2d Cir. 2009) (independent liberal review of NYCHRL claims)
- Port Auth. of N.Y. & N.J. v. EEOC, 768 F.3d 247 (2d Cir. 2014) (framework for discrimination claims)