Plaintiff appealed the judgment of a federal district court granting Respondents' motion for a judgment on the pleadings on the court's determination that Plaintiff failed to plead a plausible gender discrimination* claim within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.
Plaintiff had filed a complaint against the Respondents alleging Respondents had engaged in "gender stereotyping" in violation of Title VII when he was terminated from his job with the New York State Department of Environmental Conservation after 20 years of service following a disciplinary action in which he had been found guilty of sexual harassment.
The federal district court had dismissed Plaintiff’s complaint, explaining that the complaint “fails to allege any facts that support even a minimal inference of gender stereotyping” and then declined to grant Plaintiff leave to amend his complaint on the ground that it would be futile**. Plaintiff appealed the court's judgment.
"In analyzing [Plaintiff's] request to amend his complaint",*** the Circuit Court of Appeals, Second Circuit, said it reviews a district court’s decision denying leave to amend as futile "under a de novo standard." Further, citing Balintulo v. Ford Motor Co., 796 F.3d 160, the Circuit Court noted whether or not an individual's actions amounted to sexual harassment "is not for this Court to decide, as Title VII claims are not appropriately used to collaterally attack any adverse employment decision" such as the individual's termination following a disciplinary action .
As Plaintiff provided no information as to how he would amend his complaint to correct the deficiencies earlier identified by the federal district court, the Circuit Court said the district court was correct in concluding that granting Plaintiff's leave to amend his complaint would be futile.
* Gender stereotyping refers "ascribing certain attributes, characteristics and
roles to people based on their gender".
** A proposed amendment to a complaint is deemed futile when the amendment “could not withstand a motion to dismiss.”
***
The Circuit Court observed Plaintiff had the opportunity
to amend his complaint after Respondents' motion to
dismiss his complaint was filed by Respondents but Plaintiff stated in his answer to Respondents' motion that he “has not sought to amend his complaint".
Click HERE to access the Circuit Court's decision posted on the Internet.