In Anderson v. AlClear LLC, 18-cv-1525, 2018 WL 1318994 (EDNY March 14, 2018) (J. Cogan), the court dismissed plaintiff’s employment discrimination claims alleged under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
Plaintiff, proceeding pro se, alleged (as summarized by the court) that management in the company was unresponsive to his complaints about his supervisors, “verbally harassed” him for being tardy and other minor infractions, and ultimately fired him.
The court explained that a plaintiff’s “mere subjective belief that he was discriminated against … does not sustain a … discrimination claim” and that “[h]ostility or unfairness in the workplace that is not the result of discrimination against a protected characteristic is simply not actionable.” Applying this standard, the court held that plaintiff’s complaint did not have “facial plausibility” and dismissed plaintiff’s claims for failure to state a claim on which relief may be granted.