ing 42 U.S.C. § 2000e-2(m)). While the Supreme Court has held that a plaintiff alleging age discrimination under the Age Discrimination in Employment Act must allege “that age was the ‘but-for’ cause of the employer’s adverse action,” Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 177, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009), the “motivating factor” standard still applies to discrimination claims based on race, col- or, religion, sex, or national origin, see Leibowitz v. Cornell Univ., 584 F.3d 487, 498 n. 2 (2d Cir.2009) (“Title VII, on the other hand, does authorize a ‘mixed motive’ discrimination claim.”). Hence, a plaintiff in a Title VII case need not allege “but-for” causation.
Under Iqbal and Twombly, then, in an employment discrimination case, a plaintiff must plausibly allege that (1) the employer took adverse action against him and (2) his race, color, religion, sex, or national origin was a motivating factor in the employment decision.
The question remains as to what “plausibility” means in the context of employment discrimination claims. Several considerations guide the inquiry.
First, as the Supreme Court explained in Iqbal, a plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” 556 U.S. at 678, 129 S.Ct. 1937. While “detailed factual allegations” are not required, “a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955. At the same time, the court must assume the factual allegations in the complaint to be true, “even if [they are] doubtful in fact,” id., and a complaint may not be dismissed “based on a judge’s' disbelief of a complaint’s factual allegations,” Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989); see also Iqbal, 556 U.S. at 679, 129 S.Ct. 1937 (“When there are well-pleaded factual allegations, a court should assume their veracity... .”).
Second, in making the plausibility determination, the court is to “draw on its judicial experience and common sense.”
Iqbal, 556 U.S. at 679, 129 S.Ct. 1937. Of course, the court must proceed at all times in a fair and deliberative fashion, alert to any unconscious bias that could affect decisionmaking.
9 In making the plausibility determination, the court must be mindful of the “elusive” nature of intentional discrimination.
See Burdine, 450 U.S. at 255 n. 8, 101 S.Ct. 1089. As we have recognized, “clever men may easily conceal their motivations.”
Robinson v. 12 Lofts Realty, Inc., 610 F.2d 1032, 1043 (2d Cir.1979) (internal quotation marks omitted). Because discrimination claims implicate an employer’s usually unstated intent and state of mind,
see Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir.1985), rarely is there “direct, smoking gun, evidence of discrimination,”
Richards v. N.Y.C. Bd. of Educ., 668 F.Supp. 259, 265 (S.D.N.Y.1987),
aff'd, 842 F.2d 1288 (2d Cir.1988). Instead, plaintiffs usually must rely on “bits and pieces” of information to support an inference of discrimination,
i.e., a “mosaic” of intentional discrimination.
Gallagher v. Delaney, 139 F.3d 338, 342 (2d Cir.1998),
abrogated in part on other grounds by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). Again, as we made clear in
Littlejohn, at the initial stage, of a litigation, the plaintiffs burden is “minimal” — he need only plausi
9
In the case at hand, we do not question the district court's fairness in approaching its work.