Oftentimes, but not always, a complaint of discrimination boils down to: Something bad happened to me at work and I am a member of a protected class, so it must have been discrimination. It is not that simple; what is missing is the “because.” It is not unlawful to take action against someone who is a member of a protected class, but it is unlawful to do so because of membership in that class. The difference is crucial.
“Plaintiff’s membership in a protected class, by itself, is not enough to sustain a [discrimination] claim.” Bennet v. Watson Wyatt & Co., 136 F. Supp. 2d 236, 252 (S.D.N.Y. 2001). “A plaintiff must also demonstrate that she was subjected to the hostility because of her membership in a protected class. In other words, an environment which is equally harsh for both men and women or for both young and old does not constitute a hostile working environment under the civil rights statutes.” Brennan v. Metropolitan Opera Ass’n, 192 F.3d 310, 318 (2d Cir. 1999).
