Verdicts

GENDER DISCRIMINATION
TITLE VII – EQUAL PAY ACT – RETALIATION
[FEMALE HOSPITAL WORKER WAS PAID LESS THAN MALE PREDECESSOR]

Facts and Allegations:   In October 1994, plaintiff Catherine Hottendorf was named assistant executive director of the Nassau County Medical Center in East Meadow, N.Y.  Hottendorf subsequently learned that her annual salary was $29,000 less than that of the previous assistant executive director, a male.

Hottendorf made repeated requests to have her salary increased to that of her predecessor.  She noted that she and her predecessor performed their job duties under similar working conditions and that they both possessed equal skills, exerted comparable effort and assumed similar responsibilities.  She claimed that she was subsequently stripped of various duties and was excluded from lunches, meetings and a major reorganization.  She was terminated on January 30, 1998.

Hottendorf sued Nassau County and the Nassau County Medical Center.  She claimed that she was unlawfully terminated in retaliation for activities protected under Title VII of the Civil Rights Act of 1964, as amended in 42 USC § 2000e-3(a), and that the defendants' actions had similarly violated New York State Executive Law 296(1)(e)(7).  She also claimed that the defendants had engaged in gender discrimination and had violated the Equal Pay Act, 29 USC § 206(d)(1). 

Hottendorf presented one of the hospital's former chief executive officers, who testified that he had made numerous salary-increase requests on Hottendorf's behalf and that the hospital's female employees were paid less than its male employees.  Another hospital employee testified that Hottendorf was ana excellent worker.  That employee also noted that Hottendorf had complained about her salary.

The defendants claimed that Hottendorf's salary was not affected by her gender and was based on factors such as fiscal and budgetary constraints in the County.  They argued that her predecessor earned a higher salary because he was more experienced and had a more impressive background than Hottendorf.  Evidence indicated hat Hottendorf's predecessor had been assistant hospital director from 1976 through 1979 and assistant executive director from 1985 through 1992.
 
The defendants presented another of the hospital's former CEOs.  The witness testified that he fired Hottendorf because she had failed to cooperate with the hospital's administration.  The latter contention was corroborated y one of the CEO's assistant.

The defendants also argued that Hottendorf's firing or workplace treatment was not retaliation in nature.  They contended that she had not proven that:  (1) she had engaged in any Title VII-protected activities; (2) they were aware of her participation in any alleged Title VII-protected activities; or (3) there was any causal connection between her firing and her alleged participation in any Title VII-protected activities.  They further claimed that they had legitimate, nonretaliatory reasons for their treatment and termination of Hottendorf.  Additionally, Hottendorf had not proven that these reasons were false or that they were a pretext for retaliation or an otherwise impermissible motive.  They added that she would have been terminated regardless of whether she had or had not participated in any Title VII-protected activities.  They claimed that she had not proven that she had a good-faith, reasonable belief that their underlying employment practice was unlawful.

Injuries/Damages:   Emotional Distress
Hottendorf claimed that she sustained emotional distress as a result of her termination.  She also claimed that the defendants owed her approximately $58,000 in back pay and $52,000 for earnings lost while she was unemployed.

                    GENDER DISCRIMINATION, HOSTILE WORK ENVIRONMENT and RETALIATION

Verdict:               Defense

Case:                  Lisa Ingolia v. County of Nassau, et al.
                            95 Civ. 3705 (JS) (ETB)

Court:                 U.S. District Court, Eastern District, Uniondale, New York

Judge:                 Judge Joanna Seybert

Defense
Attorney(s):        William H. Pauley III, Esq., Snitow & Pauley, New York, NY
                          Paul F. Millus, Esq., Snitow & Pauley, New York, NY

Facts and Allegations:    Plaintiff claimed discrimination and retaliation under 42 U.S.C. §§ 1983, 1985 and New York State Executive Law § 290, et seq.  Plaintiff alleged that she was denied overtime assignments she requested on four occasions due to her sex and was sub­jected to a hostile work environment during the course of her training in the Train­ing Academy, as well as during the course of her employment.  She alleged that as a result of that harassment, she began a relationship with an inmate at the Nassau County Correctional Center and eventually transferred to an upstate prison.  Plaintiff was, after an investigation, caught at the prison upstate with the defendant with her loaded weapon off prison grounds and with an amount of marijuana.  She was sub­sequently fired from her job for a variety of reasons, including improper use of sick leave, failure to report a firearm, fraternizing with an inmate, engaging in conduct unbecoming to an officer and engaging in unlawful conduct.  As a result of a plea bargain, plaintiff pled guilty to hindering prosecution, an A-class misdemeanor and attempted criminal sale of marijuana in the 4^th degree, as well as attempted promotion of prison contraband.  Plaintiff alleged during the course of her employment that she was subjected to sexual innuendo and outright request for sexual activity by fellow officers, which she says caused her emotional distress resulting in her fraternizing with an inmate.

Defendants contended that plaintiff, in the event there were sexual activities, was a voluntary participant who, as a former stripper, participated willingly in the sexual banter taking place within the Nassau County Correctional Center from time to time.  Finally, based upon the facts of the case, there was no evidence that plaintiff was ever denied overtime opportunities on the basis of her sex.

Injuries/Damages: Emotional Distress

Emotional Distress, post-traumatic stress disorder and back pay.

Demand:             $2,000,000.00.

Offer:                  None.

Trial Length:      7 days.