Sharon Sybrandt was fired from her position as an Operations Assistant Manager at one of Home Depot’s Nashville stores after she allowed a co-worker to use her password-protected user ID to modify a special order transaction for Sybrandt. In addition, Sybrandt herself subsequently entered computerized “notes” on the transaction, indicating that she wanted to cancel
Title VII
Societal stereotypes about women may support Title VII discrimination claim.
By Maria Danaher on
Posted in Caregiver discrimination, Title VII
Title VII does not include “care-giver” as a separate category for purposes of protection against discrimination. However, in a decision involving the failure to promote a woman with four young children, the 1st U.S. Circuit Court of Appeals has reminded us that one important premise of Title VII’s gender discrimination provision is that “women have…
Plaintiff bears the ultimate burden of proving retaliatory motive
By Marla Presley on
Posted in Title VII
In an unpublished opinion, the U.S. Circuit Court of Appeals for the 10th Circuit reminds us that whether a case is based on allegations of discrimination or on allegations of retaliation, the individual bringing the lawsuit carries the ultimate burden of proof in the case. Sunderman v. Westar Energy, Inc., 10th Cir., No. 08-3059…
Retaliatory discharge claim may not have to be specified in EEOC charge
By Marla Presley on
Before an individual may file a lawsuit under Title VII or the ADEA, he or she is required to file (or cross-file) a charge of discrimination with the EEOC. The charge is legally sufficient only if it describes with particularity the parties and the actions or practices of which the individual is complaining. The scope…
Reduction in force sufficient to overcome pretext argument in retaliation case
By Marla Presley on
Posted in Title VII
The 1st U.S. Circuit Court of Appeals has upheld summary judgment in favor of an employer who asserted that it had terminated the employment of a human resource manager because of his poor performance and a reduction-in-force, and not because of his prior testimony in a sexual harassment claim filed against the company. Dennis v.
Title VII “supervisor” must affect terms and conditions of employment
By Marla Presley on
Posted in Title VII
Under Title VII, an employer can be held liable for a hostile work environment created by a supervisor. That situation differs from a hostile work environment created by a co-worker, where the company is liable only if the complainant can show that the company was negligent in discovering or remedying the situation. Recently, the 7th…