Title VII, ADEA Claims Insufficiently Pleaded Against MTA NYC Transit

From ALADDIN ABDAL-RAHIM, Plaintiff, v. MTA NEW YORK CITY TRANSIT, Defendant., 2018 WL 6176217, at *4 (S.D.N.Y. Nov. 27, 2018):

[E]ven liberally construing Rahim’s complaint, he has not pleaded facts sufficient to state a claim for discrimination. Essentially, Rahim’s only allegation is that he passed a civil service test and that the NYCTA hired candidates with lower scores. See Compl. at 5. There are no allegations regarding the characteristics of the other candidates. There are no allegations regarding the operation of a civil service list and what factors may be taken into consideration in hiring from such a list. Rahim provides no facts suggesting that his race, color, sex, national origin, or age, was a motivating factor in the decision to hire candidates other than himself. Essentially, plaintiff simply alleges that he believes that he was discriminated against, which is not enough under Iqbal and Twombly.


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