A federal judge last month dismissed an anti-bias complaint filed by Dr. Emmanuella Cherisme against AIDS Care Group.
In a 13-page opinion issued July 26, U.S. District Judge Nitza I. Quiñones Alejandro said Cherisme didn’t provide enough facts in her complaint to allow it to move forward. However, Alejandro dismissed the case “without prejudice,” meaning Cherisme may file an amended complaint containing sufficient facts to support her bias claims.
Cherisme, a physician specializing in obstetrics and gynecology, worked at AIDS Care Group in 2013.
She left the agency after allegedly experiencing workplace sexual harassment and discrimination on the basis of her race, gender and national origin.
For example, Cherisme contends a coworker requested that she submit to his sexual advances in order to receive her paycheck. Another coworker allegedly mocked the color of her skin, and refused to respect her as a professional.
In her July 26, ruling, Alejandro stated that Cherisme failed to provide facts sufficient to “nudge her claims across the line from conceivable to plausible.”
The judge acknowledged that Cherisme supplied some facts about alleged racist comments at AIDS Care Group. But the judge said Cherisme didn’t connect those comments to her dismissal.
“[Cherisme] hasn’t alleged any facts connecting any of these comments to her termination or as the reason for her termination. Therefore, based on the facts asserted, or more accurately, the absence of necessary facts, [Cherisme] has not sufficiently pled that [AIDS Care Group] discriminated against her based on her race or any other protected characteristic,” the judge said.
Alejandro also ruled that while Cherisme alleged workplace sexual harassment, she didn’t demonstrate that the harassment was pervasive.
“[Cherisme] fails to allege any facts that could connect her discharge to her gender or national origin,” Alejandro added.
But the judge said Cherisme has the option of filing an amended complaint.
“Because this court cannot conclude, under the circumstances, that an [amended complaint] would be either futile or inequitable, [Cherisme] is given [permission] to file an amended complaint to address the noted deficiencies,” Alejandro wrote.
Cherisme was seeking in excess of $150,000 in damages, along with legal fees and costs. She also requested a jury trial.
AIDS Care Group, based in Delaware County, was formed in 1998, and serves as a comprehensive health-services agency for people with HIV/AIDS. It also receives federal HIV/AIDS-prevention funds.