842 F. Supp. 2d 489
E.D.N.Y2012Background
- Bennett was hired on August 21, 2006 by Hofstra University as Associate Director of CSTEP, supervised by Dr. Robinson.
- CSTEP is fully funded by NYSED and aims to increase participation of underrepresented groups in STEM and licensed professions.
- Bennett and Dr. Robinson had multiple disputes over attendance, budget management, and working relationship.
- In 2008 Bennett and others received budget training; Bennett later entered into a sweatshirt contract with The Frink Group without prior written approval, causing a $3,000 shortfall.
- Tensions escalated with an April 16, 2009 email detailing complaints, a damaging April 24 memorandum and mass email, and a planned meeting that did not occur; Dean Foulk became involved.
- Bennett was terminated effective May 11, 2009; he filed a charge with the EEOC on June 15, 2009 and subsequently sued Hofstra asserting gender discrimination and retaliation under Title VII and NYHRL; Hofstra moved for summary judgment on August 2, 2011, which the court granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie gender discrimination exists? | Bennett cites female comparators under similar standards. | No evidence of discriminatory intent or similarly situated comparators showing gender bias. | No genuine issue; discrimination claims granted summary judgment in Hofstra's favor. |
| Prima facie retaliation established? | April 16, 2009 email and complaints showed protected activity. | Plaintiff's complaints were not about discrimination and employer aware of protected activity. | No genuine issue; retaliation claims dismissed on summary judgment. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for discrimination claims)
- Graham v. Long Island R.R., 230 F.3d 34 (2d Cir. 2000) (prima facie standard for similarly situated comparators)
- Norville v. Staten Island Univ. Hosp., 196 F.3d 89 (2d Cir. 1999) (requirement of reasonable resemblance and comparable seriousness of conduct)
- Sista v. CDC Ixis North America, Inc., 445 F.3d 161 (2d Cir. 2006) (retaliation burden-shifting framework; protected activity)