942 F. Supp. 2d 380
W.D.N.Y.2013Background
- McCullough is an African-American woman who worked for Xerox since 1991 and resigned in January 2012.
- She alleges Title VII race and sex discrimination, Title VII retaliation for opposing discrimination, and EPA equal-pay claims.
- Xerox moved to dismiss all claims except EPA and certain Title VII pay-based claims.
- Her EEOC charge (Feb. 3, 2011) alleged race/sex discrimination, retaliation, and equal pay, and described a continuing action since 2004.
- She did not exhaust promotion-denial or hostile-environment claims through the EEOC charge; crossed-out promotion allegations weaken exhaustion arguments.
- The court grants in part and denies in part: hostile-work-environment and constructive-discharge theories are dismissed; retaliation dismissed; EPA and a gender- and race-based pay claim may proceed; denial of promotions/positions is dismissed to the extent based on non-pay claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff exhausted certain claims | McCullough's EEOC charge gave adequate notice for related claims | Some claims (promotion denial, hostile environment) were not exhausted | Exhaustion rejected for denial of promotions/hostile environment; related pay claims allowed |
| Whether the hostile work environment claim states a claim | Hostile environment evidenced by manager's comments | Allegations are mere criticisms and not severe/pervasive | Hostile environment claim dismissed |
| Whether the retaliation claim states a claim | Filing EEOC charge constitutes protected activity and adverse action followed | No materially adverse action shown | Retaliation claim dismissed |
| Whether EPA equal-pay claim can proceed given mixed race/sex allegations | Equal-pay claim tied to sex discrimination could include race-based considerations | Only sex-based equal-pay allegations are within EEOC scope | EPA claim survives to the extent of sex-based (and related race-based) pay comparison to white male employees |
Key Cases Cited
- Williams v. New York City Housing Authority, 458 F.3d 67 (2d Cir. 2006) (exhaustion related to reasonably related claims permitted)
- Holtz v. Rockefeller & Co., 258 F.3d 62 (2d Cir. 2001) (scope of EEOC investigation may grow out of charge)
- Butts v. City of New York Dep't of Housing Preservation & Development, 990 F.2d 1397 (2d Cir. 1993) (claims not raised in EEOC charge may be brought if reasonably related)