Kristen M. Benson, Esq. and Phillip D. Dysert, Esq., Obtain Favorable Ruling from Judge Hurd on Pre-Answer Motion to Dismiss in Employment Discrimination Case

On October 29, 2014, Kristen M. Benson, Esq. and Phillip D. Dysert, Esq., obtained dismissal for their clients, a local employment placement agency and its employees, in an action for employment discrimination.  The plaintiff made numerous allegations of federal employment discrimination based on: violations of the Americans with Disabilities Act; violations of the Age Discrimination in Employment Act; 42 U.S.C. § 1981 violations; and national origin, hostile work environment, and retaliation allegations in violation of Title VII of the Civil Rights Act of 1964.  Kristen and Phillip filed a pre-answer motion to dismiss the complaint arguing that the Americans With Disabilities Act, the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964 do not provide for individual liability as against the individual defendant employees and plaintiff’s claims failed to state any plausible substantive claims against the local employment placement agency.  United States District Court for the Northern District of New York Judge David N. Hurd agreed and granted defendants’ motion resulting in a dismissal of the case in its entirety.

Back