3-5. Motion to Dismiss. Martin brought a civil rights action against his employer, the New York Department of Mental Hygiene, when it failed to promote him on several occasions. His complaint stated only that the defendant had discriminated against him on the basis of race by denying him "the authority, salary, and privileges commensurate with this position." The employer made a motion to dismiss the claim for failure to state a cause of action. Discuss whether the employer could be successful. [Martin v. New York State Department of Mental Hygiene, 588 F.2d 371 (2d Cir. 1978)]