Dec 22 (Reuters) – Twitter Inc (TWTR.MX) has requested a federal decide in California to toss out a proposed class motion claiming the mandate by CEO Elon Musk that workers return to the workplace and put in “lengthy hours at excessive depth” discriminates in opposition to staff with disabilities.
Twitter’s attorneys late Wednesday filed a movement to dismiss the November lawsuit, saying the plaintiffs had not alleged that any of the corporate’s actions had been focused at individuals with disabilities or had a disproportionate affect on them.
Twitter laid off about 3,700 workers in early November in a cost-cutting measure by Musk, who acquired the corporate for $44 billion and can be the CEO of Tesla (TSLA.O). A whole bunch extra resigned after he requested employees “to be extraordinarily hardcore” or give up.
The lawsuit claims Musk’s ultimatum violated the federal People with Disabilities Act (ADA), which requires employers to supply cheap lodging to staff with disabilities.
The 2 plaintiffs are engineering managers who say they had been respectively laid off and fired final month. They declare many Twitter workers with disabilities had been pressured to resign as a result of they may not return to the workplace and meet Musk’s demanding requirements.
The corporate in Wednesday’s submitting stated the employee who was laid off signed an settlement to arbitrate employment-related authorized disputes and requested to have his claims despatched to arbitration.
The opposite former worker, Dmitry Borodaenko, can’t signify a category of staff as a result of he was fired earlier than Musk requested workers to decide to longer hours, the corporate stated.
Shannon Liss-Riordan, a lawyer for the plaintiffs, stated it was routine for defendants to attempt to get instances dismissed early on.
“We are going to reply sooner or later, however we stand by these allegations and look ahead to holding Twitter and Elon Musk accountable for his deplorable therapy of workers during the last two months,” she stated.
A listening to is scheduled on Twitter’s movement for April.
The lawsuit is one in all 4 pending in the identical court docket that stems from employees cuts on the firm. The opposite instances accuse Twitter of not giving workers and contractors advance discover of the layoffs, failing to pay promised severance and disproportionately focusing on ladies for job cuts.
Dozens of former Twitter workers filed complaints in opposition to the corporate this week in arbitration making comparable claims.
Twitter has denied violating legal guidelines requiring advance discover of layoffs and has not responded to the opposite lawsuits.
(This story has been corrected to replicate that one plaintiff was laid off and isn’t a present worker in paragraphs 6 to eight)
Reporting by Daniel Wiessner in Albany, New York; Modifying by Alexia Garamfalvi and Lisa Shumaker
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