Thank You For Submiting Feedback!
United States Court of Appeals for the Second Circuit
June 21, 2012, Argued; February 21, 2013, Decided
Docket No. 11-1743
[*120] POOLER, Circuit Judge:
Lauren E. Summa appeals from a memorandum, order, and judgment of the United States District Court for the Eastern District of New York (Wall, M.J.) granting [**2] summary judgment in favor of defendants Hofstra University ("Hofstra" or "the University"), David Cohen, and Melissa Connolly, and dismissing in its entirety Summa's suit claiming sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-2000e-17, Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §§ 1681-88, and corresponding provisions of the New York State Human Rights Law ("NYSHRL"), N.Y. Exec. Law §§ 290-301. We hold that Summa has presented sufficient evidence to withstand a grant of summary judgment with respect to her retaliation claims, but not as to her sexual harassment claims.
Lauren E. Summa was a graduate student at Hofstra University from 2006 through 2009. Prior to the start of her graduate program, Summa interviewed with Assistant Football Coach John Perry and was hired as a team manager. Summa asserts she was hired for both the fall and spring football seasons, and an email from the football office, identifying Summa by name, indicated that team managers would be paid $700 for the fall season and $300 for the spring season. Summa served as a team manager during the fall [**3] 2006 season. Her job responsibilities included assisting the football coaches before, during, and after practices, during August double sessions, and on game day throughout the season. She would also travel with the team to away games on the team bus. Summa's boyfriend, Phillip Hall, was a member of the football team.
Almost as soon as Summa began her term as manager, the players began to act in a way that made Summa feel uncomfortable. Throughout August and into the fall season, players made comments regarding her boyfriend, including that she should engage in sexual relations with him on the bus and that she should sit with another player if she wanted to be with a "real man," asserted that women should not be managers because they don't know anything about sports, and made remarks relating to Summa's use of the bathroom on the team bus. Comments of this sort appear to have pervaded Summa's tenure as team manager.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
708 F.3d 115 *; 2013 U.S. App. LEXIS 3677 **; 117 Fair Empl. Prac. Cas. (BNA) 676; 96 Empl. Prac. Dec. (CCH) P44,808; 2013 WL 627710
LAUREN E. SUMMA, Plaintiff-Appellant, v. HOFSTRA UNIVERSITY, DAVID COHEN, and MELISSA CONNOLLY, Defendants-Appellees.
Subsequent History: As Amended March 13, 2013.
Prior History: [**1] Lauren E. Summa appeals from a memorandum, order, and judgment of the United States District Court for the Eastern District of New York (William D. Wall, M.J.) granting summary judgment in favor of defendants Hofstra University, David Cohen, and Melissa Connolly, and dismissing in its entirety Summa's suit claiming sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and corresponding provisions of the New York State Human Rights Law. We hold that Summa presented evidence sufficient to survive summary judgment with respect to her retaliation claims but not her harassment claims.
Summa v. Hofstra Univ., 2011 U.S. Dist. LEXIS 37975 (E.D.N.Y., Apr. 7, 2011)
Disposition: Judgment affirmed in part, vacated in part, and remanded.
harassment, spring, football, graduate, players, retaliation, hiring, season, team, district court, complaints, adverse action, termination, coaching, protected activity, prima facie case, causation, interview, football team, reasons, staff, assistantship, privileges, email, summary judgment, contacted, quotation, temporal, imputed, sexual
Civil Procedure, Summary Judgment, Summary Judgment Review, Standards of Review, Entitlement as Matter of Law, Appropriateness, Labor & Employment Law, Harassment, Sexual Harassment, Hostile Work Environment, Employer Liability, General Overview, Burdens of Proof, Employee Burdens of Proof, Business & Corporate Compliance, Correction & Prevention, Evidence, Burden Shifting, Discrimination, Retaliation, Burdens of Proof, Elements, Protected Activities, Standards of Proof, Pervasive & Severe Standards, Adverse Employment Actions, Causation, Education Law, Gender & Sex Discrimination, Title IX, Enforcement of Title IX, US Equal Employment Opportunity Commission, Civil Actions