1:16-cv-06778
S.D.N.Y.May 3, 2017Background
- Plaintiff Jeffery Philpott, former Vice President of Student Affairs at SUNY College of Optometry, sued alleging sexual-orientation discrimination, hostile work environment, and retaliation after complaining; he originally named multiple State defendants but conceded two and withdrew his ADA claim, leaving SUNY and Title VII/Title IX claims.
- Alleged misconduct by SUNY President Dr. David Heath and coworker Gui Albieri included repeated anti-gay comments, exclusion from meetings/projects, and stereotyping from 2011–2015.
- Plaintiff complained internally in September 2015; after a denied then later-approved leave request, he was terminated effective November 20, 2015, following which he filed an EEOC charge in February 2016.
- Defendant moved to dismiss on multiple grounds: (1) sexual-orientation claims not cognizable under Title VII; (2) failure to state plausible claims; (3) statute-of-limitations untimeliness for pre-April 30, 2015 acts; and (4) Title IX inapplicable to employee claims.
- The Court (S.D.N.Y.) held that (a) sexual-orientation discrimination is cognizable under Title VII as a form of sex/gender-stereotyping discrimination in light of evolving precedent; (b) Philpott plausibly alleged discrimination, hostile work environment, and retaliation; (c) pre-limitations acts may be considered as background and for hostile-work-environment claims; and (d) Title IX does not provide an employee remedy for employment discrimination and his Title IX claim was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sexual-orientation discrimination is cognizable under Title VII | Sexual-orientation discrimination should be treated as sex discrimination / gender stereotyping | Simonton/Dawson control and preclude sexual-orientation claims under Title VII | Court finds claim cognizable as sex/gender-stereotyping discrimination given evolving law and persuasive authority (declines to dismiss) |
| Whether complaint plausibly states Title VII discrimination/hostile environment/retaliation claims | Allegations of repeated slurs, exclusion, stereotyping, adverse action after complaint are sufficient | Allegations insufficiently pleaded to state a claim | Court holds allegations are plausible and survive dismissal |
| Timeliness under Title VII (300-day EEOC rule) | Timely acts within 300 days plus earlier acts may be used as background; hostile environment need only one timely act | Pre-April 30, 2015 acts are time-barred and should be dismissed | Court permits older acts as background and for hostile-work-environment analysis; discrete untimely acts not recoverable but may be considered |
| Whether Title IX permits employment-discrimination claims by employees | Title IX should cover sex-based discrimination in educational settings | Title VII is the exclusive remedy for employment discrimination; Title IX lacks same administrative scheme | Court dismisses Title IX claim for employment discrimination as not an available employee remedy |
Key Cases Cited
- Simonton v. Runyon, 232 F.3d 33 (2d Cir.) (prior Second Circuit rule that Title VII does not reach sexual-orientation claims)
- Dawson v. Bumble & Bumble, 398 F.3d 211 (2d Cir.) (reaffirming Simonton)
- Christiansen v. Omnicom Grp., Inc., 852 F.3d 195 (2d Cir.) (panel declined to revisit Simonton but concurrence urged reexamination; discussed gender-stereotyping theory)
- Hively v. Ivy Tech Cmty. Coll. of Indiana, 853 F.3d 339 (7th Cir.) (en banc) (held sexual-orientation discrimination is sex discrimination under Title VII)
- Price Waterhouse v. Hopkins, 490 U.S. 228 (U.S.) (established gender-stereotyping theory of sex discrimination)
- Littlejohn v. City of New York, 795 F.3d 297 (2d Cir.) (pleading standard for discrimination/hostile-work-environment/retaliation claims)
- Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (U.S.) (limitations: prior acts can be background; hostile environment may include acts within limitations)
- Patterson v. County of Oneida, N.Y., 375 F.3d 206 (2d Cir.) (hostile-work-environment timeliness and aggregation of acts)
- Lakoski v. James, 66 F.3d 751 (5th Cir.) (Title VII provides exclusive remedy for employment discrimination in federally funded educational institutions)