Title VII Race Discrimination Claim Dismissed Against Rockland Psychiatric Center

In Moultry v. Rockland Psychiatric Center, 17v-4063, 2018 WL 5621485 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, held that plaintiff failed to plausibly allege race discrimination under Title VII of the Civil Rights Act of 1964.

After summarizing the relevant substantive law and pleading standards, the court held:

Plaintiff fails to state a facially plausible claim for race-based discrimination under Title VII. While Plaintiff establishes that she is a member of a protected class, Plaintiff does not allege that she applied for the November 2016 promotion or that she was qualified for the new position. Even if the Court were to infer that she applied to the position, Plaintiff’s Complaint contains no facts to suggest that Ms. McCue, who was ultimately appointed to the position, had similar qualifications to Plaintiff. See Aulicino, 580 F.3d at 80. At most, interpreting Plaintiff’s Complaint to raise the strongest arguments that it suggests, Plaintiff’s Title VII amounts to a conclusory allegation. See Askew v. Lindsey, No. 15-CV-7496(KMK), 2016 WL 4992641, at *2 (S.D.N.Y. Sept. 16, 2016). Accordingly, Plaintiff’s remaining Title VII claim must be dismissed for failure to state a facially plausible claim.

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