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SUNSHINE v. LONG ISLAND UNIV.

September 2, 1994

KAREN SUNSHINE, Plaintiff,
v.
LONG ISLAND UNIVERSITY, Defendant.



The opinion of the court was delivered by: LEONARD D. WEXLER

 WEXLER, District Judge

 Karen Sunshine ("Sunshine"), plaintiff in the above-referenced action, alleges that Long Island University ("defendant" or the "University"), her former employer, discriminated against her on the basis of gender, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), the New York State Human Rights Law, N.Y. Executive Law § 296 et seq., and the New York City Human Rights law, N.Y. Admin. Code § 8-101 et seq. (the "Administrative Law"). Presently before the Court is defendant's motion to dismiss on the ground that plaintiff failed to present her charges to the Equal Employment Opportunity Commission ("EEOC") and the State Division of Human Rights in a timely fashion. Defendant also seeks dismissal of plaintiff's retaliation claims on the ground that plaintiff failed to allege a causal connection between the protected activity she allegedly engaged in, and the adverse employment action taken against her. Finally, defendant seeks dismissal of the Administrative Law claim. Plaintiff does not oppose this aspect of defendant's motion. For the reasons stated below, the Administrative Law claim is dismissed. The remainder of defendant's motion, however, is denied.

 I. BACKGROUND

 The following facts, accepted as true for the purpose of this motion, are taken from plaintiff's complaint. Sunshine was employed as a member of the faculty of the University in its Political Science Department from 1978 until her discharge in August 1992. In 1987, the Political Science Department nominated plaintiff for tenure, but Academic Vice President Walter Jones ("Jones") caused her nomination to be denied. Sunshine thereafter filed a grievance through the faculty union asserting, among other things, that she had been discriminated against on the basis of her sex.

 From 1988 through 1992, the Political Science Department nominated plaintiff for tenure, and each year the Dean of the College of Arts and Sciences and the Faculty Personnel Committee endorsed her nomination. However, each year Jones rejected her nomination. Jones also refused to promote Sunshine in 1991 to the position of Associate Professor despite the recommendation of her Department and the Faculty Personnel Committee.

 In 1985 and 1986, Sunshine was repeatedly told by University administrators that she would be granted tenure once she obtained her Ph.D. Although she obtained her Ph.D. in 1987, Jones informed her that she would have to publish an article in order to get tenure. In 1990, after Sunshine had published an article, Jones told her that he still would not approve her nomination until she had additional publications.

 In April 1992, after she had published another article and had a third article accepted for publication, Sunshine's nomination for tenure was once again presented to Jones, having been approved by the Political Science Department, the Faculty Personnel Committee, and the Dean of the College of Arts and Sciences. Once again, Jones rejected Sunshine's nomination for tenure. This time, Jones also informed Sunshine that her employment was being terminated.

 In 1992, the year that plaintiff's employment was terminated, twelve professors, including Sunshine, were recommended for tenure by their departments and the faculty. Five of the twelve were male and seven were female. All of the males, except one Hispanic, were granted tenure. Initially, none of the females was granted tenure. After a faculty protest, one of the females was granted tenure. Two of the females, including Sunshine was terminated.

 Finally, Sunshine alleges that at a joint meeting of the Faculty Personnel Committee, the University Administration and the Board of Trustees, Jones made knowingly false and defamatory statements concerning Sunshine's qualifications as a scholar. Sunshine alleges, on information and belief, that the statements were made by Jones to obscure the discriminatory motive for his decision to deny Sunshine tenure and to terminate her employment and to punish her for the complaints of discrimination against women, and her complaints that she had been subjected to unlawful discrimination.

 On November 2, 1992, plaintiff filed her charge of discrimination with the EEOC.

 II. DISCUSSION

 Title VII requires, in this instance, that a charge of discrimination be filed with the EEOC within 300 days of the alleged discriminatory act. See 42 U.S.C. § 2000e-5 (e); Bennett v. New York City Dep't of Corrections, 705 F. Supp. 979, 982 (S.D.N.Y. 1989). A timely filing is a prerequisite for filing a federal civil action under Title VII. Absent a timely filing, a Title VII case must be dismissed. See Economu v. Borg-Warner, 829 F.2d 311, 315 (2d Cir. 1987).


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