Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bailey v. Sunrise Senior Living Management, Inc.

United States District Court, E.D. New York

May 31, 2017

JULIUS C. BAILEY, Plaintiff,
v.
SUNRISE SENIOR LIVING MANAGEMENT, INC., Defendant.

          For Plaintiff: Julius C. Bailey, pro se

          For Defendant: No appearance.

          MEMORANDUM & ORDER

          JOANNA SEYBERT, U.S.D.J.

         On December 27, 2016, pro se plaintiff Julius C. Bailey (“Plaintiff”) filed a Complaint in this Court pursuant to Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17 (“Title VII”) against Sunrise Senior Living Management, Inc. (“Defendant”), accompanied by an application to proceed in forma pauperis.

         Upon review of the declaration in support of Plaintiff's application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fee. See 28 U.S.C. §§ 1914(a); 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED. However, for the reasons that follow, Plaintiff's claims are sua sponte DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

         BACKGROUND[1]

         Plaintiff's Complaint is submitted on the Court's employment discrimination complaint form and seeks to recover monetary damages pursuant to Title VII for the alleged illegal termination, inter alia, of Plaintiff's employment with the Defendant. Although Plaintiff has checked the boxes on the Complaint to allege that Defendant discriminated him based on his national origin and religion (Compl. ¶ 7), he does not identify his national origin or religion and has left blank the spaces that call for Plaintiff's national origin and religion. (Id.)

         Plaintiff alleges the following facts:[2]

I have been discriminated against by the above named respondent based on my national origin and religion. During the course of my employment with respondent, I made numerous complaints regarding the hostile work environment created by several Haitian servers, specifically regarding their lack of respect for my religious beliefs. As a result of my many complaints, on August 11, 2016, I had a meeting with Patrice Johns of HR, John Hudson the Executive Director and Ryan Monahan, my supervisor. During the meeting, I explained my position and the hostile work environment created by Haitian women. At one point during the meeting Ms. Johns state “you are not a Christian”, which made me very uncomfortable. She then told me to return to work. About an hour later, Ryan informed me that Ms. Johns said I should go home and they would pay me for the day. The next day I received a call from John Hudson who said Patrice Johns said not to come back on the property. I have not been scheduled to work since. At no time did anyone tell me I was terminated or why I couldn't return to work. By subjecting me to disparate treatment & harassment, Respondent has violated Title VII of the Civil Rights Act of 1964, as amended and all applicable state & local statutes.

(Compl. ¶ 8, and at 5.)

         DISCUSSION

         I. In Forma Pauperis Application

         Upon review of Plaintiff's declaration in support of his application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fees. See 28 U.S.C. § 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED.

         II. Application of 28 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.