Second Circuit Clarifies Pleading Standard For Title VII Claims

A Second Circuit panel recently revived a former employee's racial discrimination suit against New York City, reversing in part the Southern District of New York's dismissal of her case. In Littlejohn v. City of New York, No.14-1395-cv (2d Cir. August 3, 2015), the panel made a number of important holdings, including on how courts should analyze pre-answer motions to dismiss in federal discrimination cases.

Plaintiff Dawn Littlejohn, an African-American woman who worked as the Director of the Equal Employment Opportunity Office in the City's Administration for Children's Services, brought federal Title VII, § 1981 and § 1983 claims against the City and several of her former supervisors. Littlejohn alleged that she was discriminated against on the basis of race when she was subjected to a hostile work environment, demoted, and transferred to another department, after which her former position was filled by a less-qualified white woman. Littlejohn also asserted that