Clark v. Morgan's Austintown Foods, Inc.

MEMORANDUM OPINION AND ORDER

LAMBROS, District Judge.

Plaintiff in the above-captioned case seeks injunctive relief for defendants failure to hire plaintiff as a curb waiter at one of its restaurants, alleging that the refusal was based on the fact that plaintiff was a male. This refusal, plaintiff asserts, constitutes impermissible sexual discrimination violative of 42 U.S.C. §§ 1981, 1983 and 2000e et seq. Defendants have moved to dismiss the action. Upon review, the Court grants defendants’ motion in part and denies it in part.

According to the uncontradicted affidavits and exhibits submitted…