Doroz v. Tect Utica

U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Employment

New York Law Journal

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Judge Mae D'Agostino

Doroz sued defendant Tect Utica Corp. alleging discrimination and retaliation based upon his national origin. He was of Polish ancestry and was employed as a process grinder. Doroz claimed that he was terminated on the pretext of insubordination, and was inexplicably escorted from defendant's premises by police who were summoned solely to embarrass and humiliate him. Since Doroz alleged that he was a member of a protected class, he was qualified for his position and he was subjected to adverse employment action, the court found that Doroz had set forth enough facts to state a plausible case sufficient to withstand defendant's motion to dismiss. However, the court found that Doroz had not pleaded sufficient facts to suggest that he was subjected to conduct constituting a hostile work environment. Thus defendant's motion to dismiss that claim was granted, but the court granted Doroz leave to amend his complaint if he intended to assert hostile work environment as an independent basis for relief. Even though the complaint was not a "wealth of information," the court did not dismiss plaintiff's retaliation claim reasoning that it was more appropriately resolved on a motion for summary judgment.

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