Background
Barry McMillian appealed the dismissal of his race-discrimination claims against the City of Aberdeen. He argued the district court erred by denying him leave to file a second amended complaint and that his claims under Title VII, Section 1981, and Section 1983 were plausible.
The court’s reasoning
The court reviewed the dismissal de novo, accepting well-pleaded facts as true. It found that McMillian’s complaint alleged he is black, was initially approved for an electrical position, was moved to a lower-paying water department due to budget constraints, and that white males were later hired for the electrical department. The court concluded these facts describe a disappointing employment outcome but do not plausibly allege race discrimination. The court further held that granting leave to amend would have been futile as the motion to reconsider offered the same arguments and evidence.
What it means going forward
Employment discrimination plaintiffs must plead specific facts supporting a reasonable inference of discrimination rather than general allegations of disparate treatment or unfavorable outcomes.
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