Thomson v. Odyssey House
652 F. App'x 44
2d Cir.2016Background
- Georgina Thomson sued Odyssey House alleging § 1981 retaliation and ADA claims after employment actions she says were retaliatory and disability-related.
- Thomson alleges she made internal complaints in 2011 and later suffered adverse employment actions, including increased supervision and ultimately termination in 2014.
- The district court dismissed Thomson’s complaint for failure to state a claim; this appeal challenges that dismissal.
- Thomson argues the adverse action was the heightened supervision (not just termination) and claims she had a qualifying disability and was denied accommodations.
- The district court had already dismissed related state/city human-rights and Title VII claims (not appealed); claims against individual defendants were dismissed for failure to serve.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thomson pleaded causation for § 1981 retaliation | Thomson contends earlier internal complaints caused retaliatory conduct (heightened supervision and termination) | Odyssey House contends no causal link between 2011 complaints and 2014 actions | Court: No sufficient causal connection; temporal gap and allegations of supervision alone not actionable |
| Whether heightened supervision is an adverse employment action | Thomson says closer scrutiny was the adverse act deterring complaints | Odyssey House says supervision is non-actionable workplace management | Court: Excessive scrutiny, without more, is not materially adverse under Burlington and Kessler |
| Whether Thomson pleaded ADA discrimination (termination because of disability) | Thomson alleges termination was disability-related | Odyssey House says no facts linking disability to termination | Court: Dismissed—no facts alleging termination because of a qualifying disability (Smith v. Hogan) |
| Whether Thomson pleaded ADA reasonable accommodation claim | Thomson claims she was entitled to accommodation | Odyssey House notes plaintiff never alleged she notified employer or requested accommodations | Court: Dismissed—plaintiff failed to plead notice and request for accommodations (McMillan) |
Key Cases Cited
- Fincher v. Depository Trust & Clearing Corp., 604 F.3d 712 (2d Cir. 2010) (elements of § 1981 retaliation claim)
- Gordon v. N.Y.C. Bd. of Educ., 232 F.3d 111 (2d Cir. 2000) (methods to prove causation in retaliation cases)
- Kessler v. Westchester Cty. Dep't of Soc. Servs., 461 F.3d 199 (2d Cir. 2006) (heightened scrutiny alone is not an adverse employment action)
- Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (materially adverse standard for retaliation)
- Murray v. Town of N. Hempstead, 853 F. Supp. 2d 247 (E.D.N.Y. 2012) (supervision/surveillance not adverse as a matter of law)
- Smith v. Hogan, 794 F.3d 249 (2d Cir. 2015) (plaintiff must plead termination was because of a qualifying disability)
- McMillan v. City of New York, 711 F.3d 120 (2d Cir. 2013) (elements of ADA reasonable accommodation claim)