District Judge Andrew L. Carter
Special Counsel Inc. provides temporary and project legal professionals. Asserting 14 causes of action including defamation under New York common law, age discrimination, and retaliation violating the Age Discrimination in Employment Act (ADEA), the New York State and City Human Rights Laws, and deceptive business practices and false advertising–violating New York General Business Law §§349 and 350–49 old paralegal, Jablonski, sued SPI alleging that she was never hired or referred for placement for any of the 41 paralegal positions she applied for between Aug. 2, 2013 and July 21, 2015. She contended SPI hired less qualified applicants younger than 30. Granting Jablonski leave to replead her defamation and retaliation claims, district court otherwise dismissed suit for failure to state a claim. Jablonski did not plausibly support “but-for” causality between her age and the failure to hire or refer her. Nor did she correlate the positions she applied for with the specific positions she claimed SPI filled with allegedly younger applicants. She further failed to allege plausible facts showing that the refusal to hire or place her was part of a larger pattern of dealing or policy by SPI to disadvantage those over 40 or those with U.S. citizenship.