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October 15, 1996


The opinion of the court was delivered by: PARKER


 Plaintiff Donna I. Doria ("Doria") brings this action against defendants Cramer Rosenthal McGlynn, Inc. ("CRM"), Gerald B. Cramer ("Cramer"), Edward J. Rosenthal ("Rosenthal"), and Ronald H. McGlynn ("McGlynn") for violations of the Equal Pay Act of 1963, 29 U.S.C. § 206 et seq ; discrimination and retaliation in violation of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq ; and retaliation in violation of 29 U.S.C. § 215. *fn1" Doria also brings pendent state law claims of age, gender and retaliatory discrimination under the New York State Human Rights Law, as amended, N.Y.Exec.Law § 296 et seq.

 Doria alleges that during the course of her employment with CRM she, due to age, gender and retaliatory discrimination, was denied a promotion, and failed to receive certain benefits and fair wages. Doria's first claim alleges a violation of the Equal Pay Act. The second, fourth, seventh and eighth claims allege retaliation in violation of 29 U.S.C. § 215, 42 U.S.C. § 2000(e) et seq and N.Y.Exec. Law § 296 et seq. The third and fifth claims allege gender-based discrimination in violation of 42 U.S.C. § 2000(e) et seq and N.Y. Exec. Law § 296 et seq and the sixth claim alleges age-based discrimination in violation of N.Y. Exec. Law § 296 et seq.

 Before this Court is defendants' motion for summary judgment, pursuant to Fed.R.Civ.P. 56(b). Defendants' motion is granted in part and denied in part.


 Plaintiff has submitted an affidavit, consisting of excerpts of deposition testimony and exhibits, in opposition to defendants' motion. The following facts, as gleaned from the affidavit are, of course, accepted as true for purposes of this motion. See Fed.R.Civ.P. 56(b); Quinn v. Syracuse Model Neighborhood Corp., 613 F.2d 438, 444-45 (2d Cir. 1980).

 Doria was employed by CRM, an investment management firm, for approximately ten years, beginning around 1985. During that time, she asserts that she was supervised primarily by Cramer and McGlynn and answered to them, as well as Edward J. Rosenthal, the third individual defendant. For a portion of the ten years she was a Vice President and head of the Operations Department. Doria alleges that for three or four years prior to August 1994, she was also "acting CFO (Chief Financial Officer)" of CRM. Defendant Rosenthal has conceded that Doria "acted as chief financial officer" in her last three or four years with CRM. *fn2"

 In August 1994, CRM hired Eugene Trainor III ("Trainor") as CFO. Defendants assert that Trainor was hired due to an expansion in CRM's size. At the time Trainor was hired, Doria was 37 years old and Trainor was 31 years old. Trainor was hired at a salary of $ 110,000, with additional benefits including a salary advance, moving expenses, a loan, and the potential for becoming a CRM shareholder within 18 months. At the time Trainor was hired, Doria's annual salary was $ 75,000, which reflected a $ 15,000 increase received in July 1994.

 Doria's educational background includes a bachelors degree in accounting from Marymount College and completion of various non-degree industry-related seminars and workshops. Trainor's educational background includes a bachelors degree in economics from the University of Maryland and an M.B.A. in marketing from Loyola College. Trainor also had a CPA license, but was not licensed in New York State as a CPA. Prior to joining CRM, Trainor had experience with two venture capital firms (including CFO experience) and an accounting firm, but did not have experience with an investment management firm, such as CRM.

 Doria asserts that she had the experience and skills necessary for the CFO position and that neither Trainor's additional education nor his prior work experience were important for the CFO position at CRM. Doria alleges that she was passed over for the permanent CFO position due to gender and age discrimination and that this discrimination became more severe after Trainor was hired.

 Doria alleges that Trainor took over approximately one-half of her previous responsibilities, including banking and accounting relationships, and personnel supervision. In addition to these responsibilities, Trainor took over duties of an outside consultant and the defendants, and was also responsible for supervising Doria.

 Beginning a few months after Trainor was hired, Doria asserts that she was "singled out for false criticism by CRM shareholders and Trainor for not appropriately delegating tasks to her subordinates." Doria asserts that at the time in question, her department was understaffed, making it impossible for her to delegate as needed. Doria further asserts that during this time she was called by the defendants to a number of meetings, at which she was criticized for failing to cooperate with Trainor and threatened with dismissal. In or about December 1994, Trainor suggested to Cramer and McGlynn that Doria be fired.

 In December 1994, Doria was told that she would not receive a year-end bonus, though she had received such bonuses in 1991, 1992, and 1993. Doria asserts that she was told that the reason she was not receiving a year-end bonus was that she was "not getting along with Trainor." CRM asserts that Doria did not receive a year-end bonus in 1994 due to poor work performance and that she was told that if her performance improved, she would receive a bonus in the future.

 In January 1995, Doria filed a complaint against CRM with the EEOC alleging gender-based discrimination and retaliatory discrimination. *fn3"

 In February 1995, Doria received a year-end bonus (for 1994) of $ 6,500. Doria asserts that in 1994 at least four male Vice Presidents received significantly higher bonuses, three of which were in the $ 20,000 to $ 35,000 range.

 In April 1995, Doria began an eight-week maternity leave, which was followed by a four-week vacation. Trainor and McGlynn concede that during this time, without asking Doria if she was planning to return to work after her maternity leave, they discussed filling Doria's position if she did not return from maternity leave.

 During Doria's maternity leave and subsequent vacation, she was asked by Trainor for help in completing employee job performance evaluations. Doria asserts that she received a letter from Trainor on June 8, 1995 asking for input into the performance evaluations and that she provided the input. Trainor alleges that she never provided the help and failed to respond to a number of phone calls and faxes regarding the matter during her leave. Doria disputes receiving a number of these communications and further asserts that she had no responsibility to handle such matters while on leave.

 On April 18, 1996, Doria filed this lawsuit alleging that defendants: 1) failed to pay her an "equal wage" for "equal work," due to her gender and age; 2) denied (or postponed granting) her a year-end bonus in 1994, due to her gender and age; 3) denied her the opportunity to become a shareholder, due to her gender; 4) engaged in a practice of paying female employees less than male employees; 5) denied her a loan, due to her gender; 6) excluded her and other female employees from company-related social events; 7) threatened her with dismissal and generally treated her in a hostile and degrading manner, due to her gender; 8) made demands on her, based on her gender, which ...

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