In Bailey v. Reg’l Radio Grp. LLC, No. 15-cv-375, 2017 WL 1025948 (N.D.N.Y. Mar. 15, 2017), the court granted defendants’ motion for summary judgment as to plaintiff’s gender-based disparate treatment (including constructive discharge), gender-based hostile work environment, and retaliation claims.
In this case, plaintiff
generally alleges that Defendant Ashworth discriminated against and harassed her and other female workers. Specifically, Plaintiff alleges that (1) there was a running “joke” in the office that there was a 120-pound weight limit for female employees; (2) there was a different dress code for female employees.; (3) Defendant Ashworth would scream and curse at Plaintiff; (4) women were disciplined more severely; (5) Plaintiff was discriminated against in how her bonus was calculated; (6) women were not given company cars; and (7) her complaints regarding sexual harassment were ignored. Ultimately, Plaintiff contends that she was forced to resign because of Defendant Ashworth’s behavior.
The court dismissed plaintiff’s disparate treatment claim, finding that she “failed to assert facts that plausibly suggest that she suffered an adverse employment action.”
To the extent that plaintiff raised a constructive discharge claim, the court noted that that claim was “significantly undercut by her own admissions during her deposition and her resignation letter” (e.g. her testimony that she “felt like [she] wasn’t doing a good job” and her corroborated “fear that she would be fired based on performance”). In addition, plaintiff “nowhere allege[d] that any of Defendant Ashworth’s discriminatory actions were intended to cause her to resign.”