Moll v. Telesector, No. 20-3599 (2d Cir. 2024)
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This case revolves around the plaintiff, Cindy L. Moll, who made allegations of gender-based discrimination, including hostile work environment, retaliatory transfer of her job site, and discriminatory or retaliatory termination of her employment against her former employer, Telesector Resources Group Inc., in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. She also claimed she was paid less than her male co-workers for similar work, violating Title VII and the Equal Pay Act.
The United States District Court for the Western District of New York granted summary judgment in favor of the defendant, dismissing all of the plaintiff's claims. However, the United States Court of Appeals for the Second Circuit vacated parts of the district court's judgment and remanded for trial.
When viewing the record in the light most favorable to the plaintiff, the Second Circuit found that there were genuine issues of material fact that should go to a jury regarding some of the claims. These were the claims of hostile work environment, retaliatory transfer, and discriminatory or retaliatory termination. It also found genuine issues of material fact for a jury regarding the plaintiff's Equal Pay Act claim as to one of the comparators. Otherwise, the Court affirmed or did not disturb the lower court's judgment.
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