Whitehead v. Mercedes Benz Manhattan

Background

Jahlil A. Whitehead filed a self-represented action under the New York State Human Rights Law, alleging that his employer discriminated against him based on his sexual orientation. The court construed the complaint as also asserting a claim under Title VII of the Civil Rights Act of 1964 for discrimination based on sex, because the opinion explains that sexual-orientation discrimination is treated as a form of sex discrimination under Title VII.

The court had already granted Whitehead permission to proceed without paying the filing fee. In such cases, the court and the U.S. Marshals Service handle service of the summons and complaint.

Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Mercedes Benz Manhattan, issue a summons, and deliver the necessary documents to the Marshals Service. The court also directed the clerk to mail Whitehead an information package.

The opinion states that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Whitehead should request an extension of time. Whitehead must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

Disposition and significance

The court entered an order of service. It did not decide the merits of Whitehead’s discrimination allegations, and the opinion does not state whether Mercedes Benz Manhattan has responded to them.