Colon v. Westchester County Department of Corrections

Background

Francisco Colon Jr. filed this action without a lawyer under Title VII of the Civil Rights Act of 1964, alleging religious discrimination. He identified his religion as “Catholic/[illegible].” Although he named the Westchester County Department of Corrections as the defendant, he stated that he was employed at St. John’s Riverside Hospital and reported on his filing-fee application that he worked full time as a counselor there.

Colon alleged that a workplace-violence incident occurred on February 8, 2019. He attached a notice of right to sue as proof that he had completed the administrative process for his employment-discrimination claims. The court also noted that Colon had a pending employment-discrimination case against St. John’s Riverside Hospital. In that earlier round of the case, he had been directed to provide more details and had filed an amended complaint containing allegations about the same February 8 incident.

Legal standard

Because Colon was allowed to proceed without paying the filing fee, the court was required to screen his complaint under 28 U.S.C. § 1915(e)(2)(B). The court had to dismiss claims that were frivolous, malicious, failed to state a claim for relief, or sought money from an immune defendant. The court also had to dismiss if it lacked subject-matter jurisdiction.

The court stated that pleadings filed without a lawyer are read liberally, but they still must provide enough factual detail to make a claim plausible. Under Title VII, a plaintiff must plausibly allege that an employer took an adverse employment action and that a protected characteristic, such as religion, was a motivating factor. Title VII claims generally require an employer-employee relationship. In some circumstances, a company that is not the direct employer may qualify as a joint employer, constructive employer, or part of an integrated enterprise, but the plaintiff must allege facts supporting that relationship.

Court’s analysis

The court held that Colon’s allegations did not suggest that he had or ever had an employment relationship with the Westchester County Department of Corrections. He did not allege that the Department employed him, that he sought employment there, or that it controlled his employment terms, conditions, privileges, or compensation. He also did not allege facts showing that the Department was a labor union or employment agency, or that it had a sufficient connection with St. John’s Riverside Hospital to create a joint-employer or integrated-enterprise relationship.

The court therefore concluded that Colon failed to state a Title VII employment-discrimination claim against the Department of Corrections. It further concluded that the complaint’s defects could not be cured by amendment and that any employment claims Colon intended to raise were already the subject of another case. The court declined to grant leave to amend.

Disposition

The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. It certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Colon permission to proceed without paying the filing fee for an appeal. The opinion does not state that the dismissal was with or without prejudice.