In Iscenko v. City of New York, No. 16 CIV. 6535 (LGS), 2017 WL 2880553 (S.D.N.Y. July 5, 2017), the court dismissed plaintiff’s race discrimination claims
The Complaint alleges that Defendants took adverse employment actions — suspended Plaintiff without pay, significantly diminished his responsibilities, filed charges against him and fired him — at least in part because he is white. But the Complaint does not allege facts that plausibly support this conclusion. An inference of discrimination can arise from circumstances including, but not limited to, the employer’s criticism of the plaintiff’s performance in ethnically degrading terms; or its invidious comments about others in the employee’s protected group; or the more favorable treatment of employees not in the protected group; or the sequence of events leading to the plaintiff’s discharge. [] [A]n inference of discrimination also arises when an employer replaces a terminated or demoted employee with an individual outside the employee’s protected class. None of these circumstances is alleged here. The Complaint does not allege that Defendants made racially charged remarks, or treated non-white employees more favorably, or replaced Plaintiff with a non-white employee. Nor does the Complaint allege facts — as opposed to conclusory statements and surmise — that Plaintiff’s investigation and termination were motivated by his being white. (Emphasis added.)