Hyung J. Kim v. Saval Food Service, LLC, et al.

Summary

The United States District Court for the District of Maryland granted defendants’ motions to dismiss Hyung J. Kim’s claims against Saval Food Service, LLC and Andrew Wellman. The court held that the complaint did not plausibly allege race or national-origin discrimination, an ADA failure-to-accommodate claim, retaliation, or defamation. The claims were dismissed without prejudice, and the case was administratively closed subject to a motion for leave to amend within thirty days.

Holdings

1. The complaint failed to state a plausible race- or national-origin-discrimination claim because it alleged Kim's race and national origin but did not allege facts showing that either factor motivated the employer's pay or termination decisions or that similarly situated persons of different races or national origins were treated differently.
2. The complaint failed to state a plausible ADA failure-to-accommodate claim because Kim did not allege facts showing that he had a qualifying disability under the ADA.
3. The complaint failed to state a plausible retaliation claim because Kim did not identify the statutory basis for the claim or the protected activity in which he allegedly engaged.
4. The statement that Kim quit his employment was not defamatory as a matter of law, so the defamation claim failed.
5. The complaint failed to state an actionable claim against Wellman because the only alleged conduct was his disregard of Kim's complaints about the pay differential, and Kim did not allege that he raised possible discrimination or that Wellman otherwise took actionable conduct.

Questions Presented

1. Whether the complaint plausibly alleged race- or national-origin discrimination in pay or termination.
2. Whether the complaint plausibly alleged that Kim had a qualifying disability and was denied a reasonable accommodation under the ADA.
3. Whether the complaint plausibly alleged retaliation despite failing to identify the statutory basis or protected activity.
4. Whether Saval's statement to the Department of Labor that Kim quit was capable of defamatory meaning.
5. Whether the allegations stated any actionable claim against supervisor Andrew Wellman.

Disposition

dismissed