If At First You Don’t Succeed, Plead, Plead Again…

In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority (“NYCHA”) systematically undercompensated them based on their race and/or ethnicity in violation of 42 U.S.C. Section 1981 as well as New York City Human Rights Law (“NYCHRL”). Id. at 1. The NYCHA filed a motion to dismiss both for failure to state a claim as well as for lack of subject matter jurisdiction.  In a decision highlighting both the legal questions that must be addressed in deciding a motion dismiss claims of wage-based discrimination, as well as the standards that courts must apply when deciding whether to grant leave to amend a complaint, Judge Shira Scheindlin granted in part and denied in part  the NYCHA’s motion to dismiss.

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