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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48520

Judge Motley

FORMER HEAD coach of women’s basketball at Fordham University, alleged disparate treatment and disparate impact in relation to allegedly inferior resources and opportunities available for the women’s team in comparison to the men’s team. Plaintiff sued for sex discrimination pursuant to Title IX of the Education Amendments of 1972 and the Equal Pay Act against Fordham University. The court denied defendant’s motion to dismiss plaintiff’s Title IX claim, finding that although plaintiff lacks standing to bring a claim on behalf of the program, that does not mean that it must be dismissed in toto. The court noted that the prohibition of discrimination “on the basis of sex” is broad enough to encompass a prohibition of discrimination against plaintiff on the basis of the sex of the players whom he coached. The court dismissed the Equal Pay Act claim, ruling that plaintiff’s claim resting upon alleged disparities between his wage and that of another male coach does not suffice for an Equal Pay Act claim.

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