In November of 2012, the U.S. District Court for the Western District of Kentucky heard a case involving race discrimination and hostile work environment under Title VII of the Civil Rights Act of 1964. (See Walker v. Aaustin Express-Kentucky, LLC, 2012 WL 5452849, (W.D. KY 2012)).
In Walker, the Louisville plaintiff alleged that he suffered racial and sexual harassment. Id. The allegations in his complaint were nonspecific and stated in part that he suffered the racially and sexually hostile work environment, which resulted in his demotion and termination. Id.
Pursuant to recent Supreme Court case law a complaint’s “factual allegations must be enough to raise a right to relief above the speculative level” and to “state a claim to relief that is plausible on its face.” (cites omitted). “A plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” (cites omitted).
So, the Court looking at Plaintiff’s Louisville complaint looked to see if a “reasonable court can draw the necessary inference from the factual material stated in the complaint, the plausibility standard has been satisfied.” Id.
In the case at hand the Plaintiff did not clearly alleged that he was an employee of the Defendant and it was not clear as to whom he actually worked for. There was an issue of ‘constructive employer’ and so the Court held that the allegations by Plaintiff were not wholly supported. Further, the complaint contained no facts concerning the purposed civil rights violations. The allegations by Plaintiff were wholly conclusory claims of wrongful conduct said the court. Id. The court further said that “there was not a single specific fact offered concerning DHL’s purposed acts of sexual harassment, race or sex discrimination, or retaliation.” Id. All of Plaintiff’s allegations were speculation and devoid of factual enhancement that is needed. Id.
If you have been the subject of a Louisville Race Discrimination and Louisville Hostile Work Environment Case, please call and speak to a Louisville race discrimination and Louisville hostile work environment lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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