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Keywords

plaintiffdefendantmotiondiscriminationmotion to dismiss

plaintiffdefendantliabilitypleamotiondiscriminationmotion to dismiss

Related Cases

Reve; U.S. v.

Facts

Glenn Liou, a 55-year-old New York resident, applied for a receptionist position at Le Reve Rittenhouse Day Spa, owned by the defendants. The job posting sought a 'young energetic person' and required applicants to submit a photo. Liou submitted his application, including a photo and resume, but received no response from the defendants despite the position remaining open for a significant time. After exhausting administrative remedies, he filed a complaint alleging age discrimination under the ADEA and PHRA.

Plaintiff is a New York resident born on August 30, 1960. Am. Compl. 8. At all times material to the incidents described herein, plaintiff was fifty-five years old. Id. Defendants Le Reve Rittenhouse Spa, LLC, and [*2] Le Reve Rittenhouse Medical Spa, LLC, ('Le Reve LLCs'), both of which are Pennsylvania limited liability companies, own and operate Le Reve Rittenhouse Day Spa, located in Philadelphia, Pennsylvania. Id. �9-10, 12-13. Defendant Sophia Brodsky is the Chief Executive Officer of the Le Reve LLCs and the general manager and head of operations at Le Reve Rittenhouse Day Spa. Id. 15. Brodsky is 'responsible for the development and/or approval of all advertisements of employment and . . . decisions of which job applicants to hire or to refuse to consider for employment.' Id.

Issue

The main legal issues were whether the plaintiff sufficiently alleged facts to support a claim of age discrimination under the ADEA and PHRA, and whether the defendants qualified as 'employers' under the ADEA.

Rule

To establish a prima facie case for age discrimination under the ADEA or PHRA, a plaintiff must show that he is 40 years or older, applied for and was qualified for the job, was rejected despite those qualifications, and that the employer either filled the position with someone younger or continued to seek applicants.

To state a prima facie case for age discrimination under the ADEA or the PHRA, plaintiff must allege that (1) he is forty years of age or older, (2) that he applied for and was qualified for the job, (3) that despite those qualifications, he was rejected, and (4) that the employer either 'ultimately filled the position with someone sufficiently younger to permit an inference of age discrimination' or the position remained open and 'the employer continued to seek applicants from among those having plaintiff's qualifications.'

Analysis

The court found that Liou's allegations met the requirements for a prima facie case of age discrimination. He claimed to be over 40, applied for the job, was qualified, and was not hired. The court rejected the defendants' arguments that Liou's application was insincere and that they were not employers under the ADEA, stating that at the motion to dismiss stage, the factual allegations must be accepted as true.

The Court concludes this argument is unavailing. At the motion to dismiss stage, the Court must 'test the legal sufficiency of the complaint.' Accepting the factual allegations in the Complaint as true, there is no basis for looking beyond the pleadings to determine whether plaintiff's application was insincere. Furthermore, defendants have provided no legal basis for the argument that plaintiff was required to plead facts asserting the sincerity of his application. Thus, this argument is rejected.

Conclusion

The court denied the defendants' motion to dismiss, allowing the case to proceed based on the sufficiency of the plaintiff's allegations of age discrimination.

For the foregoing reasons, defendants' motion to dismiss is denied.

Who won?

The plaintiff, Glenn Liou, prevailed in the motion to dismiss because the court found his allegations sufficient to proceed with the case.

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