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QUESTIONS OF FACT PRECLUDED SUMMARY JUDGMENT IN THIS SEX AND DISABILITY DISCRIMINATION ACTION BY A TENURED ASSOCIATE PROFESSOR ON THE EQUAL PAY ACT CAUSE OF ACTION AND CERTAIN NYS HUMAN RIGHTS LAW CAUSES OF ACTION (FOURTH DEPT).

The Fourth Department, reversing (modifying) Supreme Court, determined the Equal Pay Act (EPA) cause of action and certain NYS Human Rights Law (NYSHRL) causes of action should not have been dismissed in this sex and disability discrimination action brought by a tenured associate professor:

With respect to the cause of action alleging violations of the EPA, defendant failed to establish as a matter of law that the difference in pay between plaintiff and a less senior male colleague who performed similar work under similar conditions “is due to a factor other than sex” … . * * *

With respect to the causes of action for sexual discrimination under Title VII and the NYSHRL, we conclude that issues of fact exist whether defendant’s challenged actions were “based upon nondiscriminatory reasons,” and thus summary judgment is precluded on those causes of action … . Indeed, defendant offered inconsistent and shifting justifications for the pay disparity … . * * *

… [T]he court erred in granting the motion with respect to the sixth cause of action, alleging violations of the NYSHRL based on unlawful retaliation … . To establish a claim for unlawful retaliation under the NYSHRL, a plaintiff must show that “(1) she has engaged in protected activity, (2) her employer was aware that she participated in such activity, (3) she suffered an adverse employment action based upon her activity, and (4) there is a causal connection between the protected activity and the adverse action” … . …  [I]ssues of fact exist whether defendant unlawfully retaliated against plaintiff after she complained of gender discrimination when it required her to retain her position as the undergraduate coordinator while at the same time maintaining her regular course load … . Nordenstam v State Univ. of N.Y. Coll. of Envtl. Science & Forestry, 2020 NY Slip Op 03346, Fourth Dept 6-12-20

 

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