Mihalik v. Credit Agricole Cheuvreux North America, Inc.
2013 U.S. App. LEXIS 8494
| 2d Cir. | 2013Background
- Mihalik was hired in July 2007 by Cheuvreux as Vice President of AXS under CEO Ian Peacock.
- Peacock subjected Mihalik to sexually suggestive comments and propositions; after she rejected him, she was berated, excluded from meetings, and ultimately fired.
- Mihalik reported concerns in late 2007 to the head compliance officer, who dismissed them, prompting continued problematic treatment.
- Her performance showed some deficiencies, but many clients took time to generate revenue and she had limited immediate activity compared to peers.
- Cheuvreux discharged Mihalik in April 2008 after she failed a seven-day assignment and asked a clarifying question about her future at the company.
- The district court granted summary judgment under federal standards, incorporating NYCHRL “special considerations,” and dismissed the NYCHRL claims; this court vacated and remanded to apply the NYCHRL independently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NYCHRL claims are independently analyzed. | Mihalik argues NYCHRL is broader and independently construed. | Cheuvreux argues NYCHRL follows federal standards. | Yes; NYCHRL claims are analyzed independently. |
| Whether Mihalik's gender discrimination claim shows discrimination based on gender under NYCHRL. | Mihalik shows a hostile environment and differential treatment; not required to prove tangible adverse action. | District court found conduct not sufficiently severe or pervasive under NYCHRL. | There is a genuine dispute of material fact as to differential treatment due to gender. |
| Whether Mihalik's retaliation claim survives under NYCHRL standard. | Mihalik's opposition to discrimination and rejection of advances could deter retaliation; April 2008 firing may be retaliatory. | Discharge was based on performance; no causal link shown to protected activity. | There is a genuine dispute as to retaliation and whether mixed motives or pretext occurred. |
Key Cases Cited
- Williams v. N.Y.C. Hous. Auth., 872 N.Y.S.2d 27 (First Dept. 2009) (NYCHRL not a general civility code; broad liability for unequal treatment)
- Melman v. Montefiore Med. Ctr., 946 N.Y.S.2d 27 (First Dept. 2012) (summary judgment possible for NYCHRL claims; context matters)
- Bennett v. Health Mgmt. Sys., Inc., 936 N.Y.S.2d 112 (First Dept. 2011) (affirmative defense and NYCHRL standards; pretext and damages context)
- Loeffler v. Staten Island Univ. Hosp., 582 F.3d 268 (2d Cir. 2009) (Restoration Act; independent construction and standard guidance)
- Oncale v. Sundowner Offshore Servs., 523 U.S. 75 (1998) (purpose of civil rights protections; not to be reduced to mere civility)