Where a former employee failed to plead facts making his race discrimination, retaliation and retaliatory failure-to-hire claims plausible, they were dismissed. And because he failed to exhaust his discriminatory failure-to-hire claim, it was dismissed.
Background
Plaintiff Darren Howell alleges that defendant Day & Zimmermann discriminated and retaliated against him on the basis of race when defendant terminated his employment on May 4, 2024. Defendant has filed a motion to dismiss.
Race discrimination
Plaintiff argues that the supervisor’s statement that he was making termination decisions “because he was taking the Crane Shope in another direction” and that “there is a need for a culture change,” coupled with the fact that three black employees (including plaintiff) were terminated and the replacement hire was white, serves to sufficiently establish an inference of discrimination. The court disagrees.
While plaintiff’s allegations regarding the “culture change” comments and the demographic shift between the fired employees and the new hire are, in a vacuum, consistent with discrimination, the full context of plaintiff’s allegations render a plausible inference of discrimination impossible.
Specifically, the fact that Plaintiff initiated and was responsible for activities that resulted in a serious accident involving an employee’s toe(s) being amputated and the fact that plaintiff, when endeavoring to compare his treatment to those of white supervisors, himself...
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