Alan Lorefice worked as a biologist for a state environmental agency for 20 years. One day, he invited DK, a female co-worker, on a hike, which she politely declined. Over the next 18 months, Lorefice sent her dozens and dozens of Facebook messages, expressing increasing affection, proposing “a life together,” describing the home he wanted them to buy, and sending her a picture of the diamond ring he intended to purchase for her. DK did not see or respond to any of his messages as they were sent but discovered them all at once, and immediately reported Lorefice to her supervisor.
A disciplinary arbitration found Lorefice had a pattern of inappropriately pursuing women at work. The arbitrator found that, several years earlier, Lorefice had been interested in another female employee who quit because of Lorefice’s unwanted attentions and sought an assurance from administration that if she returned, he would not contact her. Based on this pattern, the arbitrator recommended that Lorefice be terminated.
After he was fired, Lorefice sued in federal court, alleging that he was the victim of gender stereotyping, saying that management assumed that he couldn’t “control himself around members of the opposite sex,” and that the agency wanted “to show fake solidarity with the ‘me too’ movement.” He also claimed that the messages did not constitute sexual harassment because they were not sexual in nature and DK never told him they were unwelcome.
However, the trial judge found that Lorefice had not alleged “any facts that support even a minimal inference of gender stereotyping” and dismissed the case. The Second Circuit agreed, stating: “Lorefice’s assertion that the DEC had no grounds to terminate him beyond gender stereotyping is belied by his own complaint, where he concedes he sent messages to DK proposing a life together, made her feel uncomfortable, and had previously engaged in similar behavior towards another coworker. This conduct, itself provided reasons for the DEC to terminate Lorefice.”
Lorefice v. New York, 2023 U.S. App. LEXIS 29284 (2d Cir. Nov. 3, 2023)
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Updated 11-13-2023
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
