By Dr. Robert J. Romano, JD, LLM, St. John’s University, Senior Writer
On August 17, 2023, Intramural Director of New York University Athletics, Emory Leon Mitchem, Jr., filed a federal lawsuit in the U.S. District Court for the Southern District of New York against New Yok University for employment and wage discrimination based on race after discovering that NYU was paying him less than what it was paying other individuals who were similarly situated. Mr. Mitchem’s eleven-count complaint alleges a plethora of federal and state law violations including Employment Discrimination on the Basis of Race and Unlawful Employment Retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq, Employment Discrimination on the Basis of Race in violation of New York State Equal Pay Law, violation of New York State Human Rights Law, and violation of Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681, et seq., together with claims for breach of contract and both intentional and negligent infliction of emotional distress.
The gravamen of the lawsuit filed by Mr. Mitchem, whose race is African American, centers on the discovery in July of 2022 that he way being paid less per year than those who had similar jobs within the NYU Athletic Department. Once Mr. Mitchem learned of this discrepancy, he contacted NYU Human Resources and was told that it “was an error in the system” and that “he should be paid at the Director level” not at his current rate, that of a Coordinator. Human Resources also advised Mr. Mitchem that in order to correct this difference, he needs to contact his supervisor/manager to have the issue remedied.
Upon contacting his supervisor/manager, Mr. Mitchem alleges that management told him that they only made him a Director because he was black and that he should “not make waves”. Subsequently, Mr. Mitchem claims, management stripped him of his Director title and downgraded him to a Coordinator role, even though he was required to continue performing all duties associated with an employee at the Director level. In addition, Mr. Mitchem asserts that his performance reviews were altered downward, making it difficult for him to transfer out of or to make any further challenges against the Athletic Department.
An NYU spokesperson denied that there was any substance to claims asserted in the lawsuit, insisting instead that Mr. Mitchem’s grievance with the University stems from it denying Mr. Mitchem’s request to work remotely on account that his position required him to be on-site at the Athletics Department. The NYU spokesperson went on to state that “It is not true that he was discriminated against, it is not true that he was underpaid for the position which he held and it is not true that he was demoted, among other claims of his that are at odds with the facts. We are confident that the baselessness of these assertions will be made evident as this matter proceeds.”
That being said, on May 19, 2023, the Equal Employment Opportunity Commission issued Mr. Mitchem a right to sue letter, meaning that the Commission believed after its investigation that Mr. Mitchem’s allegations of discrimination and unequal pay were enough to make a prima facia case against NYU.
