Where a woman failed to plausibly allege facts sufficient to support her claims for discrimination, retaliation or a hostile work environment, her former employer’s motion for judgment on the pleadings was granted.
Melissa P. Martin sued her former employer, Stateside Associates Inc. It has now filed a motion for judgment on the pleadings as to the remaining four causes of action in the second amended complaint.
Plaintiff premises her discrimination claim, in part, on her alleged “constructive discharge.” But this court has already determined that plaintiff did not sufficiently allege a constructive discharge claim. To the extent that plaintiff attempts to rely on other alleged adverse employment actions, those allegations fail to plausibly support that plaintiff was subjected to such an adverse action.
Further, plaintiff has chosen to proceed by relying on comparators to establish a plausible inference of discrimination. “To that end, plaintiff must prove that she and the comparator ‘dealt with the same supervisor, were subject to the same standards and engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer’s treatment of them for it.’”
Plaintiff’s factual allegations fail to show that plaintiff was “similarly-situated
in all respects” with her male coworkers. Even though plaintiff asserts that the male coworkers were not being similarly supervised as her, the...
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