Khalik v. United Air Lines (10th Cir. 2012): Workplace Discrimination Case

Petitioner Fedwa Khalik, an Arab-American who was born in Kuwait and practiced Islam, sued her former employee, alleging discrimination because of race, religion, national origin, and ethnic heritage under Title VII of the Civil Rights Act of 1964. The Petitioner alleged she was grabbed in the office and subjected to false investigation and discrimination. The Appellate Court held for the Respondent after determining that the Petitioner’s allegations were not plausible under the Twombly/Iqbal standard [two cases which announced a new federal pleading standard, allowing district court judges to dismiss a complaint if it does not set out a “plausible” claim: Bell Alt. Corp. v. Twombly, 550 U.S. 544 (2007); Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009)] because (1) several of her allegations were not entitled to the assumption of truth because they were entirely conclusory, and (2) the remaining facts did not sufficiently allege discrimination or retaliation since her claims were based solely on the fact that she was Muslim and Arab-American.

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