In Napoleoni v. NYC Dept. of Parks & Recreation et al, 18-cv-2578, 2018 WL 3038502 (E.D.N.Y. June 18, 2018), the court, inter alia, dismissed plaintiff’s claims of race discrimination, age discrimination, and retaliation.
Here is an excerpt from the decision, reflecting the court’s reasoning as to plaintiff’s discrimination claims:
The Complaint fails to allege a race or age discrimination claim under Title VII or the ADEA, respectively. As to his Title VII claim, Plaintiff has not identified his race and therefore has not alleged that he is a member of a protected class. Nor has Plaintiff alleged any facts indicating that Defendants discriminated against him based on his race. (See generally Compl.) As to his age discrimination claim, although Plaintiff alleges that he is over forty years old, (id. at 5), and therefore within the ADEA protected age, Gorzynski, 596 F.3d at 107, he has not alleged any facts to suggest that he suffered any adverse employment action by his employer or discrimination by the union on the basis of his age. Accordingly, the Court dismisses Plaintiff’s Title VII and ADEA discrimination claims.