In any employment discrimination case, the plaintiff must establish a nexus between his or her membership in a protected class, and the adverse employment action suffered by the plaintiff. In other words, the plaintiff must show that he or she suffered discrimination due to his or her race, age, gender, or another protected class, and if a plaintiff fails to do so, his or her claim may be dismissed. This was demonstrated in a recent New York case in which the court dismissed the religious discrimination claims of a plaintiff who was not represented by an attorney. If you were discriminated against in the workplace on the basis of your religion, it is advisable to speak with a capable New York employment discrimination attorney to discuss what you must prove to recover compensation.
It is reported that the plaintiff filed a lawsuit against the defendants, his former employers, alleging several claims, including employment discrimination on the basis of religion. The plaintiff filed his lawsuit without the assistance of an attorney. The defendants filed a motion to dismiss. Upon review, the court granted the motion.
Sufficient Allegations to Withstand a Motion to Dismiss
Under Title VII of the Civil Rights Act of 1964, it is unlawful for an employer to fire, refuse to promote or to discriminate against an employee in any fashion due to the employee’s religion. The court explained that to survive a motion to dismiss, a complaint alleging religious discrimination must set forth adequate facts that, if accepted as true, establish a claim to relief that is plausible on its face.