‘Tomboyish’ Hotel Clerk Can Challenge Firing Under Title VII

Workforce Management
January 26, 2010

A front desk hotel clerk fired allegedly because of her “tomboyish” appearance can pursue employment discrimination and retaliation claims against her former employer, a federal appeals court has ruled.
According to the January 21 decision by the 8th U.S. Circuit Court of Appeals in St. Louis in Brenna Lewis v. Heartland Inns of America, Lewis was promoted from nights to days at a hotel operated by Waterloo, Iowa-based Heartland Inns in December 2006.
The hotel’s director of operations first saw her after her promotion and said Lewis lacked the “Midwestern girl look,” according to court records.
“Lewis prefers to wear loose-fitting clothing, including men’s button-down shirts and slacks,” the appeals court said in its ruling. “She avoids makeup and wore her hair short at the time. Lewis has been mistaken for a male and referred to as ‘tomboyish.’ ”
At a January 2007 meeting, Heartland Inn director of operations Barbara Cullinan told Lewis she would need a second interview to confirm her new post. Lewis protested that other staff members were not required to have a second interview for the job and was fired three days later. She then filed suit, charging sex discrimination and retaliation.
A district court granted summary judgment in Heartland Inn’s favor, but a panel of the appeals court overturned the lower court in a 2-1 ruling.

Full Story: http://www.workforce.com/section/00/article/26/96/74.php

Sex Stereotyping Claim of Working Mother

Workforce Management Online
May 2009

Employers are cautioned that job decisions that are based on assumptions that a woman, because she is a woman, will neglect her job responsibilities because of childcare responsibilities can be evidence of sex discrimination.
By James E. Hall, Mark T. Kobata and Marty Denis

Laurie Chadwick, a working mother of an 11-year-old son and 6-year-old triplets, worked in the Maine office of health insurer WellPoint Inc. as a recovery specialist II. In 2006, Chadwick applied for promotion to "recovery specialist lead’’ or "team lead,’’ a management position, but was passed over for that promotion.
Chadwick sued under Title VII of the Civil Rights Act of 1964 and the Maine Human Rights Act. Chadwick’s Title VII claim was based on three comments relating to her family responsibilities, including comments made by her supervisor that "you have a lot on your plate’’ and "if [the three interviewers] were in your position, they would feel overwhelmed.’’
WellPoint defended its denial of the promotion on the basis that mothers with young children neglect the duties of their job due to child care obligations.
The district court dismissed Chadwick’s claims on summary judgment, finding that sex bias could not be shown in the promotion because Chadwick’s supervisor did not expressly state "that Chadwick’s sex was the basis for her assumption that Chadwick would not be able to handle the demands of work and home.’’

Full Story: http://www.workforce.com/archive/feature/26/40/11/index.php