"Having never applied, plaintiff Sarah Spitalnick was never excluded, and certainly not excluded in an intentionally discriminatory manner," the law firm's motion to dismiss states.
The motion emphasizes that Spitalnick's claims of deterrence due to being a white, heterosexual female are misguided as she did not make efforts to educate herself about the fellowship.
The firm argues that even if the court considers the merit, Spitalnick's sparse allegations do not plausibly allege discrimination under Title VII or Section 1981.
The motion further contends that because Spitalnick never applied for the fellowship or any summer associate position, her request for an injunction cannot be substantiated.
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