Pazhani v. Infosys Americas

Background

K. Pazhani filed the action without a lawyer and alleged that Infosys Americas did not hire him because of his national origin, color, disability, and age. The opinion identifies claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. The court had previously allowed Pazhani to proceed without prepaying filing fees.

Dismissal of Federal Agencies

The court dismissed Pazhani’s claims against the United States Department of Labor and United States Citizenship and Immigration Services under the doctrine of sovereign immunity. That doctrine generally prevents lawsuits against the federal government and its agencies unless the government has waived its immunity. The court found that Pazhani did not state facts suggesting such a waiver. The opinion cites dismissal under 28 U.S.C. § 1915(e)(2)(B)(iii), which requires dismissal of certain claims in cases proceeding without prepayment of fees.

Service on Other Defendants

Because Pazhani was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve process. The court extended the time for service until 90 days after the summonses are issued. It instructed the clerk to prepare service forms, issue summonses, and provide the necessary papers to the Marshals Service for service on Infosys Americas, E. Shawn O’Donnell, Credit Suisse, and Next Level Business Service, Inc. The court also instructed Pazhani to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Leave to Amend

The court granted Pazhani 30 days’ leave to amend his complaint to provide more detail about his discrimination claims against Infosys BPM, Infosys Technologies Limited, Thomas Gottstein, N.R. Narayana Murthy, and Salil Parekh. The court directed him to identify the relevant people, events, dates or approximate dates, locations, actions or failures to act, alleged rights violations, injuries, and requested relief. The amended complaint would replace the original complaint rather than supplement it, so any claims or facts Pazhani wanted to maintain had to be included in the amended complaint.

Preliminary Injunction

Pazhani requested preliminary injunctive relief, an interim court order intended to prevent harm while a case proceeds. The court stated that he had to show likely irreparable harm and either a likelihood of success on the merits or sufficiently serious legal questions combined with a strongly favorable balance of hardships. The court found that his submissions did not make the required showing and denied the request for an order to show cause.

Request for Counsel and Final Dispositions

Pazhani also requested appointment of free volunteer counsel. The court considered the merits of the case, his efforts to obtain a lawyer, and his ability to investigate and present the case without counsel. Because it was too early to assess the merits, the court denied the request without prejudice to renewal at a later date.

Judge Valerie E. Caproni directed the clerk to mail Pazhani the order and an information package, including an amended employment-discrimination complaint form. The court dismissed the claims against the Department of Labor and United States Citizenship and Immigration Services, denied the requests for preliminary injunctive relief and appointed counsel, and certified that any appeal would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal from this order.