Photo: Chayantorn Tongmorn via Shutterstock Second Circuit Applies Recent Supreme Court Authority in Dismissing Age Discrimination Complaint
The case signals that the Second Circuit may be charting a new path on motions to dismiss discrimination complaints, as the Court of Appeals suggests that Circuit precedent from 2015, which offers a generous standard for plaintiffs, may no longer be good law.
August 12, 2021 at 11:00 AM
8 minute read
The Second Circuit has ruled that an age discrimination plaintiff who alleged that his supervisor said he was "too old and that he would seek to replace" him and others "with younger employees" has not stated a plausible claim under Rule 12(c). This case may require plaintiffs' employment discrimination attorneys to reevaluate how they draft their lawsuits to ensure their claims survive a motion to dismiss.
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