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Idlisan v. New York City Health and Hospitals Corporation

United States District Court, Second Circuit

November 15, 2013

BERNARD B. IDLISAN, Plaintiff,
v.
NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant.

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge.

Plaintiff Bernard B. Idlisan ("Idlisan") sues the New York City Health and Hospitals Corporation ("HHC"), alleging that HHC violated the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12112 et seq., when it failed to hire him for 12 clerical associate positions at seven facilities in New York City.[1] HHC moves to dismiss under Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim. For the reasons that follow, HHC's motion to dismiss is granted.

I. Background

A. Facts[2]

Between August 13, 2011 and December 23, 2011, Idlisan applied for 12 clerical associate positions at seven health care facilities or services within HHC's hospital system:

• On August 13, 2011, Idlisan applied for three clerical positions at Elmhurst Hospital in Queens and one clerical position at Coney Island Hospital in Brooklyn.
• On October 30, 2011, Idlisan applied for a clerical position at North Bronx Hospital.
• On November 12, 2011, Idlisan applied for a clerical position at Queens Hospital Center.
• On November 16, 2011, Idlisan applied for a clerical position at Health and Home Care, which offers patients in-home care.
• On November 17, 2011, Idlisan applied for two clerical positions-one at Queens Hospital Center and one at Bellevue Hospital Center in Manhattan.
• On November 22, 2011, and December 20, 2011, Idlisan applied for two clerical positions at Coney Island Hospital in Brooklyn.
• On December 23, 2011, Idlisan applied for one clerical position at Lincoln Medical and Mental Health Center in the Bronx.

Compl. at 5, 9, 28-31.[3]

To apply for these positions, Idlisan registered on the HHC employment website, see Compl. at 28-31, and uploaded a resume and a cover letter with a personalized address block for each vacant position, see Compl. at 13, 15-16, 18-19, 46. Idlisan received at least nine automatically generated emails, confirming the receipt of his application, see Compl. at 14, 17, 20-27, as well as access to a personalized webpage on HHC's ...


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