A federal judge in California has dismissed a lawsuit on charges Twitter Inc of discriminating against workers with disabilities by requiring employees to report to the office and work long hours at high intensity.
U.S. District Judge Haywood Gilliam in Oakland ruled in a ruling late Friday that plaintiff Dmitry Borodaenko, a former Twitter tech executive, failed to show how the policies laid out by CEO Elon Musk amid the crowd redundancies at the social media company, disabled workers were disproportionately affected.
But Gilliam gave Borodaenko, who lives in Scotts Valley, California, three weeks to file an amended lawsuit detailing his claims in the proposed class action lawsuit.
Borodaenko, a cancer survivor, claims Twitter fired him in November when he refused to stop working remotely.
Musk, who acquired Twitter for $44 billion last year, said in a memo to employees in November that employees should be prepared to work “long, high-intensity hours” or quit.
Shannon Liss-Riordan, Borodaenko’s attorney, said Monday she plans to file an amended complaint that would add new facts.
“Elon Musk has shown his utter disrespect for disabled employees through his words and behavior,” Liss-Riordan said.
Twitter did not immediately respond to a request for comment. The company has previously stated that its policies do not target employees with disabilities.
Gilliam also ruled on Friday that claims by a second plaintiff, Abhijit Mehta, represented by Liss-Riordan, belong in private arbitration rather than in court because Mehta has signed an agreement to arbitrate in relation to the employment legal disputes. Borodaenko pulled out of the agreement.
The lawsuit is one of several Twitter is facing stemming from Musk’s decision to lay off about half of the company’s workforce. Twitter has denied wrongdoing in those cases, including allegations that female employees were deliberately fired and that the company failed to pay promised severance pay.
Liss-Riordan is also representing nearly 2,000 former Twitter employees who have asserted legal claims against the company in arbitration.
U.S. District Judge Haywood Gilliam in Oakland ruled in a ruling late Friday that plaintiff Dmitry Borodaenko, a former Twitter tech executive, failed to show how the policies laid out by CEO Elon Musk amid the crowd redundancies at the social media company, disabled workers were disproportionately affected.
But Gilliam gave Borodaenko, who lives in Scotts Valley, California, three weeks to file an amended lawsuit detailing his claims in the proposed class action lawsuit.
Borodaenko, a cancer survivor, claims Twitter fired him in November when he refused to stop working remotely.
Musk, who acquired Twitter for $44 billion last year, said in a memo to employees in November that employees should be prepared to work “long, high-intensity hours” or quit.
Shannon Liss-Riordan, Borodaenko’s attorney, said Monday she plans to file an amended complaint that would add new facts.
“Elon Musk has shown his utter disrespect for disabled employees through his words and behavior,” Liss-Riordan said.
Twitter did not immediately respond to a request for comment. The company has previously stated that its policies do not target employees with disabilities.
Gilliam also ruled on Friday that claims by a second plaintiff, Abhijit Mehta, represented by Liss-Riordan, belong in private arbitration rather than in court because Mehta has signed an agreement to arbitrate in relation to the employment legal disputes. Borodaenko pulled out of the agreement.
The lawsuit is one of several Twitter is facing stemming from Musk’s decision to lay off about half of the company’s workforce. Twitter has denied wrongdoing in those cases, including allegations that female employees were deliberately fired and that the company failed to pay promised severance pay.
Liss-Riordan is also representing nearly 2,000 former Twitter employees who have asserted legal claims against the company in arbitration.
