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“You Are Not a Christian” Comment Insufficient to Plausibly Allege Title VII Discrimination Based on Religion, National Origin

by mjpospis on June 13, 2017

in Employment Discrimination, Employment Law, National Origin Discrimination, Pleading, Religion-Based Discrimination

From Bailey v. Sunrise Senior Living Mgmt., Inc., No. 16-CV-7184(JS)(GRB), 2017 WL 2371196 (E.D.N.Y. May 31, 2017):

Here, although Plaintiff’s Complaint broadly alleges that he was subjected to a religion-based or national origin-based adverse employment action, there are no facts set forth in the Complaint from which the Court could reasonably infer a religious-based, or national origin-based motivation for such action. Indeed, with regard to his claim of discrimination based on religion, Plaintiff alleges only that the Human Resources representative stated, “You are not a Christian.” (Compl. at 5.) It does not allege, for example, that individuals of a different national origin or religion from Plaintiff were given preferential treatment when compared to Plaintiff or that Plaintiff was subjected to any specific national origin-based or religion-based remarks that may demonstrate a discriminatory animus. As is readily apparent, the Complaint is devoid of any facts in support of a national origin-based or religion-based discrimination claim. Although Plaintiff is not required “to plead specific facts to show a prima facie case of discrimination, … dismissal is nevertheless appropriate where the plaintiff failed to allege even the basic elements of a discriminatory action claim.” (Emphasis added.)

Categories: Employment Discrimination, Employment Law, National Origin Discrimination, Pleading, Religion-Based Discrimination

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