In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he suffered discrimination based on a protected characteristic in violation of Title VII of the Civil Rights Act of 1964.
From the decision:
In this action, Plaintiff has pleaded sufficient facts to establish that Defendant took adverse action against him, and that he is a member of a protected class. Plaintiff’s complaint is plainly deficient, however, as Plaintiff fails to provide any facts drawing a connection between the challenged employment actions and his race, gender, or national origin. The only statement raising such an inference is Plaintiff’s conclusory statement that he “honestly believe[d] [the supervisor] really hated [him] for what [he] can only believe is [his] race,” but this statement is unsupported by any facts in the complaint. Nor does Plaintiff identify the race, color, national origin, or gender of the employees whom he alleges received better treatment by the supervisor. Plaintiff’s complaint is merely speculative and conclusory and does not nudge his claims across the line from conceivable to plausible.