Background
Leon and Vanessa Washington, a mixed-race couple including a disabled veteran, sued First National Bank of Pennsylvania alleging race and disability discrimination under the Fair Housing Act, the Equal Credit Opportunity Act, Ohio law, and the Americans with Disabilities Act. The bank denied their VA home loan application after a lengthy process involving errors and delays. The district court granted the bank’s motion to dismiss, ruling the complaint failed to allege the prima facie elements of discrimination and failed to show a refusal to transact business.
The court’s reasoning
The Sixth Circuit clarified that the prima facie case standard from McDonnell Douglas is an evidentiary burden applicable at summary judgment, not a pleading requirement at the motion to dismiss stage. The court affirmed that the ordinary plausibility standard of Twombly and Iqbal applies to discrimination claims. However, the court found the Washingtons’ complaint insufficient because it contained only conclusory assertions that the bank discriminated against them without alleging specific facts showing how the bank treated other applicants differently.
Plaintiffs asserting discrimination claims in federal court are not required to plead facts establishing a prima facie case in order to state a claim for relief.
Washington v. First Nat’l Bank of Penn., No. 25-3673 (6th Cir. June 26, 2026)
What it means going forward
The decision reinforces that while the prima facie case is not a pleading hurdle, plaintiffs must still provide sufficient factual content to make their discrimination claims plausible, preventing dismissal based on bare allegations.