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Posts tagged "Sex"

Weil v. Citizens Telecom Servs., No. 16-35813 (9th Cir. Apr. 29, 2019)

When a former supervisor - later reassigned - tells an employee that they were not promoted because "[y]ou're not white" and "you're not female," can the statement be used to prove a discriminatory motive over a hearsay objection? A panel of the Ninth Circuit holds 2-1 that the statement is admissible against the employer as a party admission.

Lewis v. City of Union City, Ga., No. 15-11362 (11th Cir. Mar. 21, 2019)

The Eleventh Circuit heightens the probability of Supreme Court review of a long-festering circuit split: just how "similarly situated" must a Title VII plaintiff be to a comparator employee in the workplace to establish a prima facie case of discrimination? The en banc court holds 9-3 that a plaintiff must demonstrate, at the first stage of the analysis, that she and the comparators were "similarly situated in all material respects."

Franchina v. Providence Fire Dep't, No. 16-2401 (1st Cir. Jan. 25, 2018)

In the First Circuit, a woman lieutenant successfully defends a Title VII award of $545,000 for front pay and $161,000 for emotional damages. The exhaustive 60-page opinion addresses the admissibility of harassment outside of the workplace, application of the sex-plus theory where the "plus" factor is sexual orientation, and the degree of proof necessary for front-pay relief.

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