Jordan v. Kimpton Hotel & Restaurant Group, LLC

Background

Jassmere Jordan sued her former employer, Kimpton Hotel & Restaurant Group, LLC. She asserted twelve causes of action related to her employment under the California Fair Employment and Housing Act, the Pregnancy Disability Leave Law, and various provisions of California law.

Court’s Analysis

The court applied the federal pleading requirement that a complaint provide enough factual content to allow a reasonable inference that the defendant is liable for the alleged misconduct. The court explained that a plaintiff does not have to plead every element of a prima facie case, but must provide more than labels, conclusions, and a formulaic recitation of the elements of the claims.

The court found that Jordan’s complaint did not give Kimpton fair notice of the grounds for her claims. For example, Jordan alleged that Kimpton subjected her to harassment, discrimination, and retaliation, but did not include employment-specific facts supporting a plausible inference that those events occurred. She also alleged severe and offensive slurs, tropes, stereotypes, and comments without providing specifics. Her allegations about pregnancy accommodations or resources did not identify which accommodations or resources she needed or requested. Finally, her allegations that her employment was terminated and that she was forced to resign through constructive discharge did not include details supporting a plausible inference that constructive discharge occurred.

Ruling

The court granted Kimpton’s motion to dismiss. The order states that any amended complaint must be filed within 21 days, and that Kimpton’s response will be due 21 days after the amended complaint is filed. Judge Vince Chhabria signed the order on January 13, 2025.