Karagozian v. Sam's East, Inc.

Filing 18

ORDER denying 12 Motion to Dismiss. Signed by Judge Warren W. Eginton on 6/4/2015. (Falcone, K.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

3:14cv1952 (WWE)

OHAN KARAGOZIAN,

V

SAM'S EAST,

INC.

:

RULING ON MOTION TO DISMISS
ln this action, plaintiff Ohan Karagozian alleges discrimination on the basis of his

gender, age and nationalorigin in violation of the Connecticut Fair Employment Practices

Act. Defendant removed this action to this Court on the basis of diversity jurisdiction and
filed a motion to dismiss for failure to state a claim. For the following reasons, the motion
to dismiss will be denied.

FACTUAL BACKGROUND
For purposes of ruling on this motion to dismiss, the Court assumes that all of

the factual allegations in the complaint are true.
Plaintiff was born in Bulgaria of Armenian parents in January 1961. ln March
2014, plaintiff applied and was offered a part-time optician position at the Sam's Club in
Orange, Connecticut. The offer was subject to plaintiff's passing a drug screening and
background check. Plaintiff had disclosed that he had a 1989 felony conviction for
"Possession w/intent."
Plaintiff passed the drug screening test and a background check concerning
criminal convictions from 2006. Nevertheless, plaintiff later received a letter rescinding
the offer of employment for the alleged reason of "information provided ... in a

Consumer Report or investigative Consumer Report (background report)." Plaintiff
telephoned the number listed on the letter and was informed that he was disqualified
because of his 1989 felony conviction.
Two months later, defendant hired a 43-year old Hispanic female.
DISCUSSION
The function of a motion to dismiss is "merely to assess the legal feasibility of the
complaint, not to assay the weight of the evidence which might be offered in support

thereof." Rvder Enerqv Distrib. v. Merrill Lvnch Commodities, lnc., 748 F.2d774 ,779
(2d Cir. 1984). When deciding a motion to dismiss, the Court must accept all
well-pleaded allegations as true and draw all reasonable inferences in favor of the

pleader. Hishon v. King,467 U.S.69, 73 (1984). The complaint must contain the
grounds upon which the claim rests through factual allegations sufficient "to raise a right

to relief above the speculative level." BellAtl. Co

v. Twomb ,550 U.S.544,555

(2007). A plaintiff is obliged to amplify a claim with some factual allegations to allow the
court to draw the reasonable inference that the defendant is liable for the alleged

conduct. Ashcroft v. lqbal, 556 U.S. 662,678 (2009).
Defendant maintains that plaintiff has failed to set forth a plausible claim of
discrimination in violation of CFEPA. Specifically, defendant asserts that plaintiff has
not set forth factual allegations setting forth the prima facie case for CFEPA

discrimination.
However, the Court disagrees. The Court must construe the allegations of the
complaint most liberally in favor of plaintiff. lt is well settled that to establish a prima
facie claim of disparate treatment discrimination, the plaintiff must demonstrate that (1)
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he belongs to a protected class; (2) he was performing his duties satisfactorily; (3) he
suffered an adverse employment action; and (4) the adverse employment action
occurred under circumstances giving rise to an inference of discrimination. Eady_V_.,!Iy
of Bridqeport, 156 Conn App. 597, 604 (2015). Plaintiff's initial burden is not onerous.
Lizee v. Yale Univ 2014WL 4099324, "3 (Conn. Super. July 1 5,2014)
ln this instance, plaintiff has alleged all of the elements of the prima facie case.

The fact that his alleged employment offer was rescinded and that the job was offered
to a younger woman of Hispanic descent affords an inference that he was rejected due
to discriminatory animus based on his gender, age and national origin. Defendant has
adequate notice of the violation asserted against it and the grounds for such violation.
The Court will leave plaintiff to his proof.
CONCLUSION
For the foregoing reasons, defendant's motion to dismiss [doc. #12] is DENIED.

Dated this 3d day of June, 2015 at Bridgeport, Connecticut.

lsl
Warren W. Eginton
Senior U.S. District Judge

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