Empowering Individuals

DP Successfully Opposes Motion to Dismiss

Posted by Giovanna A. D'Orazio | Mar 26, 2013 | 0 Comments


In a lengthy decision from a United States District Court Judge, D'Orazio Peterson successfully defended its client – an African-American male who accuses his former employer of racial discrimination – from a motion by the Defendants to have the case dismissed.The Defendant, a large Capital Region employer represented by a prominent Capital Region law firm, asserted that the Plaintiff – who received no reduction in pay but had a large majority of his job responsibilities taken away – did not suffer an “adverse employment action” under Title VII of the Civil Rights Act, and that his case should be dismissed. After submission of lengthy legal briefs, the Court sided with our client, finding that a race discrimination case had been adequately pled, and the case could move forward.

About the Author

Giovanna A. D'Orazio

Giovanna has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Personal Injury

Have you been injured at a job site, or in a vehicle? D’Orazio Peterson is an experienced Personal Injury law firm. If you have experienced serious injury due to negligence or malice, be sure to contact us to see what we can do to help you receive the justice you deserve.

Employment Law

If you were recently laid off during maternity leave or you’re having trouble at work and think discrimination is to blame, you have the right to fight back against your employer’s poor behavior. D’Orazio Peterson handles employment law cases involving FMLA violations and incidents of discrimination based on age, gender, race or disability.

Medical Errors

Medical errors are a leading cause of death, and many are preventable. We work towards eliminating those errors.