Byerly v. Ithaca College
Opinion of the Court
SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and hereby is AFFIRMED.
Plaintiff-appellant Carolyn M. Byerly appeals from the judgment of the United States District Court for the Northern District of New York (Seullin, J.) granting summary judgment to defendant-appellee Ithaca College (the “College”) on Byerly’s claims for, inter alia, sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and denying Byerly’s motion to amend her complaint to assert claims against the College for breach of contract and for breach of the implied covenant of good faith and fair dealing. We assume the parties’ familiarity with the underlying facts and procedural history of the case. For the reasons that follow, we affirm.
As a preliminary matter, Byerly contends that the district court abused its discretion by denying her an opportunity
Byerly next argues that the district court erred in granting summary judgment to the College on her claims for sex discrimination and retaliation in violation of Title VII. We disagree. As to the sex discrimination claim, there is no legal or factual support for Byerly’s contention that the College engaged in impermissible sex stereotyping by crediting negative student evaluations that criticized Byerly for being cold and gruff and unreceptive and insensitive to student needs and for centering discussion in her journalism classes around feminist, to the exclusion of other, perspectives. See Weinstock v. Columbia Univ., 224 F.3d 33, 44-45 (2d Cir. 2000) (deeming “innocuous words,” such as the labels “nice” and “nurturing” to describe a female professor, insufficient as a matter of law to provide evidence of discriminatory intent). On the contrary, these comments support the College’s representation that it denied Byerly tenure based on her inadequate teaching performance. Thus, the district court properly concluded that Byerly did not carry her burden of showing that the College’s proffered non-discriminatory reason for denying her tenure was false and that impermissible sex stereotyping was the real reason for the College’s tenure decision. See Quaratino v. Tiffany & Co., 71 F.3d 58, 64 (2d Cir. 1995); Chambers v. TRM Copy Ctrs. Corp., 43 F.3d 29, 38 (2d Cir. 1994). Byerly’s retaliation claim is too tenuous, strained, and speculative to support a verdict in her favor and to defeat the defendant’s motion for summary judgment. Finally, the district court was within its discretion in denying Byerly’s motion—-filed long after the defendant’s motion for summary judgment—for leave to amend her complaint to allow State law causes of action for breach of contract and of the implied covenant of
According, the judgment of the district court is AFFIRMED.
Reference
- Full Case Name
- Carolyn M. BYERLY v. ITHACA COLLEGE
- Cited By
- 4 cases
- Status
- Published