145 F. Supp. 3d 189
E.D.N.Y2015Background
- Powell, pro se, sued Delta Air Lines in SDNY alleging age and race discrimination under NYSHRL.
- Action was transferred to this court from the Southern District of New York by order dated May 4, 2015.
- Plaintiff seeks $120,000 in damages for lost wages, emotional distress, and benefits, plus reinstatement.
- Court finds age discrimination claim under NYSHRL plausible but race discrimination claim under NYSHRL insufficient.
- Race discrimination claim dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) with leave to amend within 30 days to plead race claims or federal claims.
- Plaintiff did not attach a right-to-sue letter and did not file a state or federal agency charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has federal subject-matter jurisdiction over NYSHRL claims | Plaintiff contends federal question jurisdiction exists due to NYSHRL age/race claims | NYSHRL claims arise under state law, not federal law | No federal question jurisdiction for NYSHRL claims |
| Whether diversity jurisdiction exists to hear the case | N/A | There is diversity and damages exceed $75,000 | Diversity jurisdiction established; parties are citizens of different states; amount in controversy satisfied |
| Whether Powell plausibly states a claim of age discrimination under NYSHRL | Employee was terminated after refusing retirement; adverse actions imply discrimination | Claims insufficient to show age was but-for cause | Plaintiff plausibly states age discrimination under NYSHRL; but-for causation accepted at pleading stage |
| Whether Powell plausibly states a claim of race discrimination under NYSHRL | Powell is African-American; termination shows discrimination | Single fact about being the only African-American male is insufficient | Race discrimination claim dismissed without prejudice; plaintiff may amend to plead plausible inference of race-based motivation |
| What is the remedy for the race discrimination claim | Amend to include race discrimination under NYSHRL or federal law | Dismissal pending amendment to plead plausible race-based claim | Race claim dismissed without prejudice with 30-day amendment window |
Key Cases Cited
- Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (2d Cir.2010) (applies McDonnell Douglas framework to age discrimination under NYSHRL/ADEA)
- Vega v. Hempstead Union Free School Dist., 801 F.3d 72 (2d Cir.2015) (but-for causation standard for age discrimination in pleading stage)
- Littlejohn v. City of New York, 795 F.3d 297 (2d Cir.2015) (pleading standard for discrimination claims under McDonnell Douglas framework)
- Hicks v. St. Mary’s Honor Ctr., 509 U.S. 502 (1993) (McDonnell Douglas framework and burdens in discrimination cases)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishes three-stage burden-shifting framework)
- Abdu-Brisson v. Delta Air Lines, Inc., 239 F.3d 456 (2d Cir.2001) (NYSHRL aligns with federal standards post-Gross; but-for causation context)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002) (pleading standard; not necessary to plead every element)