Ex-Fordham professor’s sexual bias suit largely reinstated

A federal appeals court on Monday largely reinstated a sexual discrimination lawsuit filed by a former Fordham University associate professor.

Esther Solomon, a tenured associate professor at Fordham University’s Gabelli School of Business in New York, sued the university charging violations of the Equal Pay Act, the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964, according to the ruling by the 2nd U.S. Circuit Court of Appeals in New York in Esther Solomon v. Fordham University Administration, Rose Hill Campus.

Ms. Solomon claimed Fordham paid her less than similarly situated younger, male and non-Jewish members of the predominantly male faculty, whom the university also allegedly favored for promotions.

She also alleged that Fordham created a hostile work environment and retaliated against her by changing her teaching assignments and terminating her employment when she complained.

The U.S. District Court in New York dismissed her federal claims on the basis she had not alleged sufficient facts to demonstrate her charges. A three-judge appeals court panel affirmed dismissal of Ms. Solomon’s hostile work environment claim, but reinstated other claims.

“The district court erred in concluding that Solomon failed to identify similarly situated comparators, and thus did not sufficiently plead an (Equal Pay Act) or Title VIII claim,” the ruling said, in reinstating her discrimination, retaliation and disparate treatment claims.

Fordham’s attorneys did not respond to requests for comment. Ms. Solomon, who represented herself, could not be found.