Nikonov v. Flirt Ny Inc.

Background

The defendants filed a partial motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal for failure to state a legally sufficient claim. They sought dismissal of the plaintiff’s Eighth Cause of Action, alleging disability discrimination under the New York State Human Rights Law, and Ninth Cause of Action, alleging disability discrimination under the New York City Human Rights Law. The opinion identifies the alleged disabilities as migraines and swollen feet.

The defendants argued that the plaintiff’s claims were barred by his having sought workers’ compensation benefits for workplace-related injuries to his feet, back, and ankles. They also argued that the claims were not plausibly alleged, although the court noted that the defendants did not set out the elements of the claims or explain why the allegations were insufficient.

Procedural Ruling

The court noted that the defendants had already filed an answer in November 2019, before filing their April 2021 motion. Because a Rule 12(b)(6) motion is ordinarily made before the responsive pleading, the court construed the motion as one for judgment on the pleadings under Rule 12(c) and considered it on the merits.

The court held that the workers’ compensation exclusivity rule did not bar the discrimination claims. Although a person who receives workers’ compensation benefits for accidental workplace injuries may not seek additional recovery from the employer for those injuries, the court stated that the rule does not prevent recovery for intentional wrongs such as discrimination. The court also rejected the defendants’ pleading argument.

Disposition

The court denied the defendants’ motion to dismiss. It also directed the parties to appear for a remote final pretrial conference on May 26, 2021. The opinion notes that the defendants had additionally sought to dismiss class-action status, but the plaintiff had not sought class certification and stated that he would not do so.