Where a former employee of an anesthesia practice failed to plead facts making his discrimination, hostile work environment or retaliation claims plausible, his suit was dismissed.
Background
Michael Abreu alleges five counts of sex and national origin discrimination against North American Partners in Anesthesia LLP, or NAPA LLP, and North American Partners in Anesthesia (Virginia) LLC, or NAPA VA, in violation of Title VII of the Civil Rights Act of 1964 and the Virginia Human Rights Act, or VHRA: (1) discrimination and a hostile work environment based on sex under Title VII and the VHRA; (2) discrimination and a hostile work environment based on national origin under Title VII and the VHRA and (3) retaliation under Title VII.
Defendants move to dismiss the suit because: (1) lack of personal jurisdiction over NAPA LLP, (2) lack of subject matter jurisdiction because NAPA LLP was not named in the EEOC charge and (3) failure to state a claim.
Jurisdiction
It is undisputed that NAPA LLP is incorporated in New York with a principle place of business in New York. Plaintiff has not argued that NAPA LLP is “essentially at home” in Virginia. Thus, this court’s exercise of general jurisdiction would not be appropriate.
The court finds, however, that plaintiff has made a prima facie showing that NAPA LLP “avail[ed] [it]self of the privilege of conducting activities within the forum State” by: (i) providing medical services in the state of Virginia; (ii), engaging in employment...
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