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SHEHAB v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

United States District Court, S.D. New York


July 15, 2004.

AHMED SHEHAB, Plaintiff,
v.
NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Plaintiff, an individual of Egyptian extraction, brought this action under Title VII of the Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990 against the New York State Department of Transportation ("NYSDOT"), claiming that NYSDOT violated his rights by advising Chas. H. Sells, Inc. ("Sells"), that plaintiff did not qualify as a minority under federal regulations, following which Sells either terminated plaintiff's employment or withdrew an employment offer.

In a report and recommendation dated June 16, 2004, Magistrate Judge Francis recommended that defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) be granted with leave to replead the Title VII claim alone. He concluded that the complaint failed to state a claim upon which relief might be granted on the Title VII claim because NYSDOT's alleged involvement in the adverse employment action complained of was insufficient. He reached a similar conclusion as to the ADA claim because plaintiff's claimed disability, "economical disadvantage," is not a physical or mental impairment within the meaning of the statute. Plaintiff has objected to the report and recommendation.

  The report and recommendation is clearly correct, and plaintiff's objections are overruled. The motion to dismiss the complaint is granted, albeit without prejudice to plaintiff filing, on or before July 27, 2004, an amended complaint repleading only the Title VII claim. This ruling is intended to afford plaintiff one more change to allege facts which, if established, would demonstrate sufficient interference by NYSDOT in Sells' employment actions to warrant holding NYSDOT responsible.

  SO ORDERED.

20040715

© 1992-2004 VersusLaw Inc.



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