Title VII Sex Discrimination Claim Revived

In Dotson v. City of Syracuse, et al., No. 18‐1020 (2d Cir. Feb. 27, 2019) (Summary Order), the Second Circuit reversed the district court’s grant of summary judgment on plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964.

The court’s review/analysis was “limited to the issue whether [plaintiff] Dotson put forward sufficient evidence that her five-day suspension was motivated in part by sex discrimination[.]”

In finding that she had, the court pointed to several facts, namely: (1) the “disparate treatment of similarly situated employees” (namely, punishing plaintiff more severely than a male police officer for “similar behavior”); (2) the fact that “other male employees received shorter suspensions for arguably similar behavior”; and (3) defendants’ “sexist remarks”.

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