skip to main content

Employment-related disputes may have far-reaching implications for a company’s reputation, business and ability to attract and retain talent. Clients turn to Paul, Weiss for our deft handling of the most sensitive internal investigations, high-stakes employment and executive-related litigations, and business-critical trade secrets, non-competition and restrictive covenant disputes.

Public Service Enterprise Group Wins Dismissal of Employment Discrimination Complaint

Paul, Weiss secured an early and significant win for PSEG Long Island LLC and Long Island Electric Utility Servco LLC (together, PSEG), both subsidiaries of energy company Public Service Enterprise Group, Inc., when the Eastern District of New York granted our motion to dismiss in its entirety a federal employment discrimination lawsuit.

PSEG Long Island operates the Long Island Power Authority’s transmission and distribution system through its subsidiary Servco. In his November 2023 complaint, the plaintiff, who works as an emergency service specialist for Servco, asserted a number of discrimination, retaliation and hostile work environment claims under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the New York State and City Human Rights Laws.

We moved to dismiss the complaint, arguing that PSEG Long Island is not liable for the alleged actions of Servco; that many of the claims were untimely; and that all timely allegations fail to state a claim. At the pre-motion conference, the district court granted our motion, finding that most of the plaintiff’s claims were barred under the applicable statutes of limitations; that the continuing violations doctrine—an exception to the statute of limitations under Title VII—did not apply here; and that the remaining allegations failed to state a plausible claim for relief. While the court gave the plaintiff leave to re-plead, it also gave the defendants leave to move to dismiss any amended complaint without needing to seek the court’s permission.

The Paul, Weiss team included litigation partners Liza Velazquez (who argued the motion) and Ted Wells.

© 2024 Paul, Weiss, Rifkind, Wharton & Garrison LLP

Privacy Policy