Title VII Discrimination Complaint Dismissed; No Facts Alleged to Suggest That Termination or Retaliation Was Done For Discriminatory Reason

From Basora-Jacobs v. Palevsky, 2020 WL 3868710 (E.D.N.Y. July 9, 2020):

[Plaintiff’s] complaint does not state sufficient facts to support a Title VII claim against Plaintiff’s employer. “A plaintiff asserting a Title VII discrimination claim must allege facts showing that “(1) the employer took adverse action against h[er] and (2) h[er] race, color, religion, sex or national origin was a motivating factor in the employment decision.” Vega v. Hempstead Union Sch. Dist., 801 F.3d 72, 86 (2d Cir. 2015). A plaintiff can make such a showing “by alleging facts that directly show discrimination or facts that indirectly show discrimination by giving rise to a plausible inference of discrimination.” Id. at 87; see also Littlejohn v. City of N.Y., 795 F.3d 297, 310 (2d Cir. 2015) (explaining that an employment discrimination complaint must contain sufficient factual matter to state a claim to relief that is plausible on its face).

In the employment discrimination complaint form, Plaintiff checked the “race” and “gender/sex” boxes, and provides that she is Hispanic and female. (Compl. at 5.) However, she did not allege any facts suggesting that her termination or retaliation was done “at least, in part, for a discriminatory reason.” Vega, 801 F.3d at 87. Accordingly, her Title VII claim is dismissed for failure to state a claim.

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