Naseri v. City and County of San Francisco

Background

Zahir Naseri alleged that the City and County of San Francisco discriminated against him, retaliated against him, treated him differently from other drivers, deprived him of work, and harassed him based on race, color, religion, national origin, and protected activity. He alleged that he had driven for Uber and Lyft for almost nine years, including at San Francisco International Airport. He claimed that airport staff objected to the color of a Lyft placard displayed in his vehicle, called him a “Middle Eastern driver,” ordered him out of his car, told him he was under arrest, and threatened to have him removed from the Uber and Lyft platforms and barred from working at the airport.

The amended complaint asserted claims under Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Americans with Disabilities Act’s retaliation provision, Article I, Section 13 of the California Constitution, the California Fair Employment and Housing Act, and the California Unruh Civil Rights Act. Naseri sought damages and reinstatement as an airport driver. The City moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which tests whether a complaint states a legally sufficient claim.

Judicial Notice

The court took judicial notice of Naseri’s government claim submitted to the City on July 28, 2023, and the City’s August 22, 2023 notice rejecting that claim. The court treated both as public records whose contents were not reasonably disputed.

Title VII Claims

The court dismissed Naseri’s four Title VII claims. Title VII generally imposes liability for employment discrimination on an employer or employment agency. Naseri alleged that he was a driver for Uber and Lyft, but he did not allege that the City employed him. Because the City was not alleged to be his employer, the court granted the City’s motion to dismiss the Title VII claims and denied leave to amend them, finding amendment would be futile.

Fair Labor Standards Act Claim

The court dismissed the Fair Labor Standards Act claim. The Act requires an employment relationship between the plaintiff and defendant for the relevant claim. Because Naseri was not employed by the City, the court granted the motion to dismiss this claim and denied leave to amend it. The opinion expressly states that this dismissal was with prejudice, while the conclusion describes the existing claims as dismissed without leave to amend.

Americans with Disabilities Act Claim

Naseri relied on 42 U.S.C. § 12203, which prohibits retaliation and interference involving rights protected by the Americans with Disabilities Act. The court found that Naseri alleged opposition to an allegedly incorrect airport placard policy, not opposition to disability discrimination or another activity protected by that Act. He also did not allege conduct related to a disability. The court therefore granted the motion to dismiss the ADA claim and found amendment would be futile.

California Claims and Government Claims Act

The court dismissed Naseri’s claims under the California Constitution, the California Fair Employment and Housing Act, and the California Unruh Civil Rights Act. Because Naseri sought money damages from a public entity, the court held that he had to allege compliance with California’s Government Claims Act or facts excusing compliance.

The amended complaint did not allege when Naseri submitted a government claim or when the City rejected it. The court nevertheless found amendment futile because the City mailed its rejection on August 22, 2023, and Naseri filed his original lawsuit on July 15, 2024—more than six months later. The court rejected Naseri’s argument that the longer filing period applied because he did not receive the rejection letter, explaining that the six-month period begins when the rejection is deposited in the mail. The court denied leave to amend these state-law claims.

Disposition

Judge Thomas S. Hixson granted the City’s motion to dismiss Naseri’s amended complaint. The court dismissed the existing claims without leave to amend and granted Naseri leave to amend to assert other legal claims. Any second amended complaint had to be filed by December 13, 2024.