937 F. Supp. 2d 346
E.D.N.Y2013Background
- Plaintiff Lisa Young, a 77-year-old Black-Hispanic woman from Puerto Rico, sues Lord & Taylor LLC and related defendants alleging ADA, ADEA, Title VII, and 42 U.S.C. §§ 1981, 1985, 1986 violations.
- She worked at Lord & Taylor for 15 years and developed carpel tunnel syndrome, inflammatory arthropathy, and tenosynoritis.
- Disability-related duties worsened by workplace tasks; she claims managers suggested difficult accommodations (carry one dress, use a pole, or sensor clothing).
- She was terminated on March 5, 2009 after receiving complaints; NYSDHR found no probable cause and directed potential ADA claims to be pursued with the EEOC.
- EEOC Right to Sue letter advised a federal suit must be filed within 90 days; Plaintiff filed in the district court on April 30, 2012.
- District Court granted Defendants’ Rule 12(b)(1)/(b)(6) motions, dismissing all claims in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ADA claim is timely and tollable | Equitable tolling due to counsel’s misfiling; delay not Plaintiff’s fault | Late filing not tolled; no extraordinary circumstances | ADA claim untimely; equitable tolling not applied |
| Whether ADEA/Title VII claims exhausted/related to EEOC charge | Disparate bases reasonably related to disability claim | NYSDHR charge only covered disability; not related to age/race | ADEA/Title VII claims barred for lack of exhaustion |
| Whether § 1981 claim is adequately pleaded | Disparate treatment based on race/national origin | Pleadings merely conclusory assertions | § 1981 claim dismissed for lack of factual support |
| Whether §§ 1985 & 1986 claims timely | Untimely and dismissed |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for pleading; avoid mere conclusions)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading must be plausible, not merely perfunctory)
- Holtz v. Rockefeller & Co., Inc., 258 F.3d 62 (2d Cir. 2001) (exhaustion concepts and related pleading standards cited)
- Deravin v. Kerik, 335 F.3d 195 (2d Cir. 2003) (EEOC charge scope and reasonably related claims discussed)
- Williams v. New York City Housing Authority, 458 F.3d 67 (2d Cir. 2006) (scope of EEOC investigation and charges reasonably related to discrimination)