Second Circuit Clarifies Pleading Standard In Title VII Cases

In a case of first impression, the Second Circuit Court of Appeals explained for the first time how district courts are to harmonize recent Supreme Court precedent requiring that claims be "plausible" with the well-known McDonnell Douglas test typically used to assess claims of discrimination. In doing so, the court confirmed that the plausibility standard does apply to claims of discrimination, while at the same time stating that, at the pleading stage, a plaintiff's burden is limited to plausibly alleging a "minimal inference of discrimination." The court also clarified how the "protected activity" element of a retaliation claim is assessed when the plaintiff is a human resources professional acting within the scope of her duties.