District Judge Mae Avila D’Agostino


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Plaintiff has celiac disease. His complaint against defendant school district claimed he was discriminated against in violation of the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA) during a June 2015 job interview that resulted in him not being hired for a clerk/typist position. His proposed amended complaint added causes of action for religious discrimination violating 42 USC §1981a, and marital status discrimination violating the New York State Human Rights Law. Denying plaintiff’s motion to amend his complaint, the court dismissed suit for failure to state a claim. Plaintiff did not allege any facts suggesting he was denied employment based on his celiac disease nor showed he suffered discrimination due to that disability. Further, because his mental illness discrimination claim had not been presented to the state’s human rights agency, plaintiff failed to exhaust his administrative remedies. Nor did plaintiff plausibly assert how age played a factor in the decision not to hire him. His original and proposed amended complaints only conclusorily alleged defendant’s conflation of sickness with age, without any facts to support a finding that defendant considered his age during the hiring process.