594 F. App'x 53
2d Cir.2015Background
- Plaintiff Lynn Bohnet, an older job applicant, sued Valley Stream Union Free School District 13 and individual employees alleging age discrimination and retaliation under the ADEA, § 1983, and NYSHRL after not being hired for positions.
- The district court dismissed Bohnet's complaint under Rule 12(b)(6) for failure to plead facts sufficient to show age was the "but-for" cause of the adverse employment decisions, and denied leave to amend.
- Bohnet appealed the dismissal and denial of leave to amend to the Second Circuit.
- The Second Circuit reviews a Rule 12(b)(6) dismissal de novo, requiring factual allegations that make relief "plausible on its face," not mere labels or conclusions.
- Under the ADEA, the plaintiff must show age was the "but-for" cause of the adverse employment action (not merely a motivating factor).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of ADEA pleading | Bohnet alleged facts showing age discrimination caused failure to hire | Complaint lacks factual specificity to show age was the but-for cause | Complaint insufficient; dismissal affirmed |
| Denial of leave to amend | Proposed amendment would cure pleading defects | Proposed amendment still contains conclusory allegations lacking specificity | Denial of leave to amend affirmed |
| Applicable pleading standard | Allegations plausibly show discrimination | Must plead more than conclusory statements, per Twombly/Iqbal | Twombly/Iqbal standard applies; allegations not plausible |
| Causation standard under ADEA | Age was a cause of defendants' decisions | ADEA requires age to be the but-for cause (Gross) | But-for causation required and not pleaded |
Key Cases Cited
- Leibowitz v. Cornell Univ., 445 F.3d 586 (2d Cir. 2006) (Rule 12(b)(6) review standards in the Second Circuit)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (complaint must plead facts making relief plausible, not just labels)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard requires more than mere possibility of misconduct)
- Gross v. FBL Fin. Servs., 557 U.S. 167 (2009) (ADEA requires but-for causation for age discrimination claims)