Anderson v. Schneider National Inc.

Background

Alishia Anderson brought this self-represented action under Title VII of the Civil Rights Act of 1964, alleging that her employer discriminated against her based on gender. The court construed the complaint as also asserting a claim under the New York State Human Rights Law because her factual allegations supported that state-law claim.

The court had granted Anderson permission to proceed without prepaying filing fees, commonly called proceeding in forma pauperis. Defendants are Schneider National Inc. and Scott Tomick, identified in the caption as a Driver Business Leader.

Service ruling

Because Anderson was proceeding without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after summonses are issued. It stated that, if service is not completed within that period, Anderson should request an extension of time.

The court directed the Clerk to issue summonses for Schneider National Inc. and Scott Tomick, complete the U.S. Marshals Service process forms using the defendants’ listed addresses, and deliver the required documents to the Marshals Service. The Clerk was also directed to mail Anderson a copy of the order and an information package.

Effect of the order

This was an order arranging service of the complaint. The opinion did not resolve the Title VII or New York State Human Rights Law claims and did not determine whether the alleged discrimination occurred. Anderson was also instructed to notify the court in writing if her address changes.