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Decastro v. Norrell Corp.

Proposed Amended Complaint Does Not Show Discrimination Under ADA

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OPINION AND ORDER

*1  In this action, Gregory Decastro, proceeding pro se, sued Norrell Corporation, asserting that the company discriminated against him on the basis of his disability and race. See Dkt. 2 at 3. When Norrell failed to appear, Decastro moved for default judgment against it. See Dkt. 25. The Court denied Plaintiffs motion for default because he had failed to “establish the defendant’s liability as a matter of law.” City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 137 (2d Cir. 2011) (citation and alterations omitted). Decastro now moves to amend his complaint. See Dkt. 30. For the reasons below, that motion is denied without prejudice.BACKGROUNDIn the original complaint, Plaintiff alleged that Norrell had unlawfully failed to hire him and to accommodate his disability. Decastro alleged that he suffered from several injuries to his legs, knees, back, and neck that limited his employability. He further alleged that Norrell had hired him on a temporary basis but, after he participated in a class action settlement against the company, Norrell “refuse[d] to make any attempt to place” him. Dkt. 2 at 3. According to Decastro, this refusal “made matters worse medically speaking.” Id. Decastro also checked a box indicating that he believed Norrell had discriminated against him on the basis of his race, but

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