There is a lenient notice pleading standard for employment discrimination cases. Here, the complaint states a cause of action for retaliation, as it alleges that plaintiff filed a discrimination complaint in December 2010; that defendant was notified of the complaint in November 2011; and that six months later plaintiff was charged with misconduct that allegedly had occurred more than a year earlier. However, the complaint fails to state causes of action for discrimination and hostile work environment, as it does not allege that defendants' actions occurred under circumstances that give rise to an inference of discrimination. It does not allege facts that would establish that similarly situated persons who were male or who were not black were treated more favorably than plaintiff was treated. Instead, the complaint merely asserts the legal conclusion that defendants' adverse employment actions and plaintiff's termination were due to race and gender. The hostile work environment cause of action fails for the additional reason that the handful of potentially insensitive comments made by her superior over the course of a few years do not rise to a level that is actionable under either the State or the City Human Rights Law.
Thomas v. Mintz, NY Slip Op 02367 (1st Dep't April 23, 2020)
Here is the decision.
