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Brown v. Superior Contract Cleaners
By: Daily Record Staff//September 15, 2011
U.S. District Court, WDNY
Title VII
Sufficiency of Complaint
Brown v. Superior Contract Cleaners
10-cv-6238 CJS
Judge Siragusa
Background: The plaintiff, a Jamaican of national origin, was employed by the defendant for three months. The plaintiff alleged that he had been discriminated against for his nationality in the form of excessive criticism of his job performance. He also alleged claims of sexual harassment and retaliation. The defendant moved to dismiss the complaint.
Ruling: The court dismissed the complaint with prejudice. The plaintiff’s allegations that his threat to contact OSHA was not sufficient to state claim under Title VII. Moreover, the complaint alleged that he had been hugged twice by his supervisor, which did not support a sexual harassment claim. Finally, the court held that threatening to contact OSHA about alleged violations was not a protected activity under Title VII.
Osmond S. Brown, pro se; Jeffrey J. Calabrese of Harter, Secrest & Emery LLP for the defendant
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