Gender/Race Discrimination Claims Insufficiently Alleged Against the NYC Dept. of Correction

In Hand v. New York City Dept. of Correction, No. 160415/2019, 2020 WL 6746634 (N.Y. Sup Ct, New York County Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s for gender and race discrimination under the New York State and City Human Rights Laws.

From the decision:

Here, a review of the complaint shows that other than alleging that she is a member of two protected classes (African-American, and female), plaintiff fails to assert a single concrete factual allegation in support of her claim that her probationary employment was terminated because of her gender, and/or race. See Thomas v. Mintz, 182 A.D.3d 490 (Sup. Ct. App. Div. 1st Dept. 2020) (“The complaint fails to state causes of action for discrimination and a hostile work environment […] It does not allege facts that would establish that similarly situated persons who were male or were not of African American descent were treated more favorably than plaintiff was […]. Instead, the complaint merely asserts the legal conclusion that defendants’ adverse employment actions and plaintiff’s termination were due to race and gender”) and Askin v. Dep’t of Educ. of City of New York, 110 A.D.3d 621 (Sup. Ct. Ap. Div. 1st Dept. 2013) (“Although plaintiff asserts that defendants’ actions were motivated by age-related bias, she does not make any concrete factual allegation in support of that claim, other than that she was 54 years old and was treated adversely under the State law or less well under the City HRL. Plaintiff’s allegations in this respect amount to mere legal conclusions, and do not suffice to make out this element of her claim.”)

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