Second Circuit Affirms Dismissal of Discrimination Claims; “Write Up” Threat Insufficient

In Vaigasi v. Solow Management Corporation, et al. , 17-784-cv (2d Cir. Sept. 14, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s claims, including those for gender, religious, and age discrimination.

As to his gender discrimination claim, the court states:

Vaigasi does not plausibly allege that his gender was a basis for any of Defendants’ purported adverse employment actions, nor does he set forth factual circumstances from which discrimination could be inferred. See Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 83 (2d Cir. 2015). Even if it is true that Defendant Alexander Ferreras (“Ferreras”) called him “sweetheart” and said he “go[es] both ways,” Vaigasi does not allege that Ferreras was involved in the decision to transfer him[.]

It also noted that plaintiff failed to plausibly  state a claim for religious discrimination, noting that “Defendants’ purported threat that Vaigasi would be ‘written up’ if he refused to work on Sunday, without more, is insufficient to state a religious discrimination claim.” The court cited authority for the proposition “that a mere ‘threat’ of discipline that never ‘ripen[s] into any further action’ is insufficient to demonstrate a materially adverse employment action.”