WDNY — Discrimination and Equal Pay: McCullough v. Xerox Corporation

U.S. District Court, WDNY

Discrimination and Equal Pay

Hostile Work Environment

McCullough v. Xerox Corporation
12-cv-6405L
Judge Larimer

Background: The plaintiff brought an action against her former employer alleging that she was discriminated against because of her race and gender.  She also alleged retaliation for opposing such discrimination. The plaintiff argued that she was paid less than similarly situated male secretaries. The defendant moved to dismiss the complaint.

Ruling: The District Court granted in part and denied in part. The court dismissed the claim regarding promotions as the plaintiff failed to exhaust her administrative remedies, finding that the loose pleading exception did not apply. In addition, the plaintiff failed to state a hostile work environment claim as her claim was limited to comments implying the plaintiff was “a slacker.” Nor has the plaintiff alleged facts sufficient to demonstrate that she experienced an adverse employment action as a result of her filing a complaint with the EEOC. The plaintiff’s equal pay claim, however, was not dismissed by the court finding the facts sufficiently alleged.

Lindy Korn and Richard Joseph Perry Jr. of the Law Office of Lindy Korn for the plaintiff; Margaret A. Clemens and Trent M. Sutton of Littler Mendelson for the defendant