U.S. Court of Appeals for the Second Circuit
Retaliation — Actions Imputed to the Employer
Summa v. Hofstra University
Judges Pooler, Raggi and Lynch
Background: The plaintiff appealed from the grant of summary judgment to the defendant dismissing her claim for sexual harassment and retaliation. The plaintiff had been hired as an assistant football coach while a graduate student at the defendant university. The plaintiff alleged that she was replaced after she reported the ongoing sexually explicit comments made by the team players.
Ruling: The Second Circuit affirmed in part and vacated in part, holding that the evidence presented for her retaliation claims were sufficient to survive summary judgment. The court found that all of the harassers were the football players and could not be imputed to the team. However, the plaintiff had presented evidence that her employment for the following season had been discussed many times, including documentary evidence establishing her salary for the spring season.
Shaffin A. Datoo of Thompson Wigdor for the plaintiff-appellant; Domenique Camacho Moran of Farrell Fritz for the defendants-appellees