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PARISI v. COCA-COLA BOTTLING CO.

February 10, 1998

RICHARD PARISI, Plaintiff, against THE COCA-COLA BOTTLING COMPANY OF NEW YORK, Defendant.


The opinion of the court was delivered by: SPATT

 SPATT, District Judge:

 The plaintiff, Richard Parisi ("Parisi" or the "plaintiff") initiated this action against his former employer, the Coca-Cola Bottling Company of New York, Inc., ("Coca-Cola" or the "defendant") on April 11, 1997 by filing a complaint alleging employment discrimination and retaliatory discharge under the Americans With Disabilities Act ("ADA") and the New York Human Rights Law ("NYHRL"). Presently before the Court are the defendant's motions to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.

 I. BACKGROUND

 According to the complaint, Coca-Cola employed Parisi as a route deliveryman from August 19, 1991 until approximately April 7, 1996, when the company discharged him (Complaint at P 6). Parisi makes the following allegations, which correspond in number to the paragraphs of his complaint:

 
8. On or about April 7, 1995, plaintiff sustained a severe and disabling on-the-job injury to his right knee and leg for which he received Workers' Compensation benefits.
 
9. At all times thereafter, plaintiff was and is disabled within the meaning of 42 U.S.C. Section 12102(2)[The Americans with Disabilities Act].
 
10. At the time he sustained the said injury, plaintiff earned approximately $ 40,000 from his employment with defendant.
 
11. Said injury permanently disabled plaintiff from resuming his occupation as route deliveryman.
 
12. Said injury did not disable plaintiff, after his recuperation, from pursuing other occupations in defendant's employ, for which he was qualified.
 
13. After he had recuperated from the said injury, in or about January 1996, and continuing thereafter, plaintiff sought reassignment to other positions in the defendant's employ which his injury would not prevent him from performing.
 
14. Defendant failed and refused to provide reasonable accommodation to plaintiff's condition by failing and refusing to offer him other positions in its employ, for which he was qualified.
 
...
 
17. On or about the 19th day of March, 1996, plaintiff filed a complaint against defendant with the New York State Division of Human Rights ("SDHR"), stating that defendant discriminated against him because of his disability.
 
18. Upon information and belief, SDHR thereupon forwarded a copy of the said complaint to the Equal Employment Opportunity Commission ("EEOC").
 
19. On or about March 18, 1997, EEOC served a Notice of Right to Sue upon plaintiff, thereby terminating the proceeding before it.

 Coca-Cola did not serve and file an answer to the complaint, instead moving for dismissal pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure on the following grounds: (1) Parisi has failed to establish a prima facie case of employment discrimination under the Americans with Disabilities Act; (2) Parisi's claims are barred by the New York State Workers' Compensation Statute; and (3) Parisi's claims are barred by the mandatory arbitration clause in the Collective Bargaining Agreement between the company and its employees.

 II. STANDARD OF REVIEW

 A. 12(b)(6) Motion to Dismiss for Failure to ...


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