Employment & Labor Law for Public Safety Agencies

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Sex Discrimination - In General

     See also: Race and Sex Discrimination
     A female officer who was reassigned from the narcotics task force to the patrol division when she became a breastfeeding mother received a jury verdict finding that the transfer constituted intentional discrimination in violation of the Pregnancy Discrimination Act (PDA). The jury awarded $374,000 in damages, which was reduced to $161,319 plus attorneys’ fees and costs by the magistrate judge.  Upholding this result, a federal appeals court ruled that the denial of accommodations for a breastfeeding employee violated the PDA when it amounted to a constructive discharge, as a reasonable person in the plaintiff's position would have felt compelled to resign. Hicks v. Tuscaloosa, Alabama, #16-13003, 2017 U.S. App. Lexis 17290 (11th Cir.).

     A woman was employed as a police officer since 1991, and became an asset forfeiture investigator in 2003. Five years later, she was engaged in a serious dispute with a fellow officer who she accused of using the department’s equipment to put her under surveillance. An investigation resulted in the other officer being suspended for 20 days. The plaintiff then filed an EEOC charge of discrimination which was settled. A new Rotation Policy, implemented in 2012, required that all specialty assignments, including the asset forfeiture investigator position, were subject to three-year rotations. The plaintiff sought reappointment. According to the panel that conducted her interview, she “[i]nterviewed very poorly, seemed angry [and] controlling.” She began her interview by refusing to answer any questions until she read aloud a nine-page manifesto. Another officer was chosen for the position, and the plaintiff was reassigned as a patrol officer. She asserted claims for sex discrimination and unlawful retaliation. A federal appeals court found that the record lacked any evidence to contradict the employer’s position that another applicant was chosen over plaintiff officer for the officer's former job because of his better interview performance. Since there was no admissible evidence that suggested that this explanation was a pretext for sex discrimination, the defendants were entitled to summary judgment on this claim. There was also no evidence that the selection committee chose the other applicant over the plaintiff because she had made prior discrimination claims. Rather, the record demonstrated that her poor interview caused her reassignment. Nicholson v. City of Peoria, #16-41612, 2017 U.S. App. Lexis 10809, 130 Fair Empl. Prac. Cas. (BNA) 328 (7th Cir.).

     A management level employee of a public school system discovered that she was being paid less for the same work than her male counterparts. A federal appeals court rejected her equal pay claims under the Equal Pay Act, 29 U.S.C. 206(d); Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-5; and the California Fair Employment and Housing Act, Cal. Gov. Code 12940. The county admitted that it paid her less than comparable male employees, but raised an affirmative defense under the Equal Pay Act that the difference was based on the prior salaries of the employees involved. Prior salary can be a factor other than sex, so long as the employer shows that prior salary accomplishes some business policy and that the employer uses prior salary reasonably in light of its stated purpose as well as its other practices. The appeals court vacated the district court's denial of the county's motion for summary judgment, providing instructions for the trial court to evaluate the business reasons offered by the county and determine whether it used prior salary reasonably in light of its stated purposes as well as its other practices. Rizo v. Yovino, #16-15372, 2017 U.S. App. Lexis 7427 (9th Cir.).

    A federal appeals court has ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation. The case involved an openly lesbian part-time adjunct professor who claimed that she had been discriminated against on the basis of sexual orientation, having been blocked from full-time employment “without just cause.” The federal appeals court initially affirmed the dismissal of the lawsuit, holding that Title VII did not apply to claims of sexual orientation discrimination. On rehearing en banc, the court reversed, interpreting the Act’s prohibition on discrimination on the basis of sex as including sexual orientation; “the essence of the claim is that the plaintiff would not be suffering the adverse action had his or her sex” been different. The court noted “the backdrop of the Supreme Court’s decisions, not only in the field of employment discrimination, but also in the area of broader discrimination on the basis of sexual orientation,” including the decisions upholding a right to same-sex marriage. Hively v. Ivy Tech Community College of Indiana, #15-1720, 2017 U.S. App. Lexis 5839 (7th Cir. en banc).

     A hospital security officer employee filed a federal civil rights lawsuit against her employer, claiming that she was discriminated against because of her sexual orientation and “gender non-conformity.” A federal appeals court ruled that discrimination based on failure to conform to a gender stereotype was sex-based discrimination. In this case, a gender non-conformity claim was not “just another way to claim discrimination based on sexual orientation,” but instead constituted a separate, distinct avenue for relief under Title VII. She argued that she was targeted for termination for failing to carry herself in a “traditional woman[ly] manner.” Although she is a gay woman, she did not broadcast her sexuality. However, it was “evident” that she identified with the male gender, because of how she presented herself—“(male uniform, low male haircut, shoes, etc.”). On the sexual orientation claim, however, the court concluded that prior binding precedent, Blum v. Gulf Oil Corp., #3536, 597 F.2d 936 (5th Cir. 1979), foreclosed plaintiff's argument that she had stated a claim under Title VII by alleging that she endured workplace discrimination because of her sexual orientation. The Blum court ruled that discharge for homosexuality was not prohibited by Title VII. This decision was rendered by the 5th Circuit before the 11th Circuit was split off from it, and has never been overruled, thus constituting binding prior precedent. Therefore, the court affirmed the portion of the trial court’s order dismissing the plaintiff’s sexual orientation claim. Evans v. Georgia Regional Hospital, #15-15234, 850 F.3d 1248 (11th Cir.).
      Five female paramedics with experience from other public and private emergency medical services providers sought jobs as Chicago Fire Department paramedics. They were all denied jobs after failing the city's physical-skills entrance exam, first given in 2000. They claimed that it had a disparate impact on women. In the trial court the argument that improper statistical methods were used to establish the skills test was rejected. A federal appeals court reversed. The jury should have been instructed on the plaintiffs' burden of proving that the city was motivated by anti-female bias in creating the test. Instead, they were improperly instructed on a different burden which failed to address motive. Evidence showed that the physical-skills study was neither reliable nor validated under federal law. Further, the skills that city paramedics learn on the job were different than what was tested. Even if they were the same, the court noted, the physical-skills entrance exam was significantly more difficult than the actual job workers perform. There was no evidence that the work-sample test, which the city used to validate the skills test, was a proper validation of job skills; The proper federal requirements for validity studies are in 29 C.F.R. § 1607.14(B)(4). Ernst v. City of Chicago, #15-2030, 2016 U.S. App. Lexis 17057, 129 Fair Empl. Prac. Cas. (BNA) 968 (7th Cir.).
    A retired male criminal investigator with the judicial circuit's District Attorney's Office sued the county for sex discrimination after discovering that a less experienced female in the office earned a "substantially higher" salary for the same job. A federal appeals court upheld summary judgment for the county, which was a legally separate entity that was not in control of the District Attorney's Office's employment relationship with its criminal investigators. The fact that the county provided paymaster, administrative, and budgetary functions for the District Attorney's Office did not alter the result. Additionally, the county could not be aggregated with his actual employer to support a federal anti-discrimination case under a joint-employer theory; Peppers v. Cobb County, #15-10866, 2016 U.S. App. Lexis 15691, 26 Fla. L. Weekly Fed. C 703, 129 Fair Empl. Prac. Cas. (BNA) 849 (11th Cir.).
    The manager of a city's animal shelter was terminated. A federal appeals court found that she failed to show that she was fired because of her gender. The employer consistently maintained that she was fired for insubordination and failure to be courteous or cooperative with the public or co-workers, and there was no showing that this was a pretext.
Bird v. West Valley City, #15-4024, 2016 U.S. App. Lexis 14520 (10th Cir.).
      A county deputy applied for a job with a state regional drug investigation agency. She remained in her deputy job while a background check was performed. An agent for the prospective employer recommended that she not be hired because she had recently filed for bankruptcy and was in a relationship with a man who belonged to a biker gang associated with criminal activity. The plaintiff claimed that she was denied the job on the basis of gender, as the prospective employer had previously hired a man who had financial difficulties and some criminal associates. A federal appeals court upheld summary judgment for the defendant on the hiring claim, as the background check findings constituted sex-neutral reasons for not hiring her, and employers were entitled to learn from their past errors. McCurdy v. Fitts, #15-1212, 2016 U.S. App. Lexis 10672 (7th Cir.).
    A female deputy sheriff was in uniform while off-duty visiting the home of a person who owed money to her boyfriend, in an attempt to collect a debt. She admitted these facts and that she violated rules against conduct unbecoming an officer and the improper wearing of a uniform. A Merit Commission determined that her misconduct was serious enough to support discharge. A federal appeals court upheld summary judgment for the employer on a sex discrimination claim, as the plaintiff failed to identify any similarly situated male employee who was given more favorable treatment for similar misconduct. Kuttner v. Zaruba, #14-3812, 2016 U.S. App. Lexis 6765 (7th Cir.).
     Employees of the Veterans Administration were not selected to fill patient aligned care team pharmacist positions, and were denied opportunities to train and qualify for those positions. They sued for employment discrimination, asserting claims for age discrimination, as well as gender discrimination. A federal appeals court upheld summary judgment for the employer, since the plaintiffs were not objectively qualified to perform the duties of the positions. They had no experience providing mid-level care with independent prescription authority.
Trask v. Secretary, Dept. of VA, #15-11709, 2016 U.S. App. Lexis 6168 (11th Cir.).
     A woman who worked for the Federal Aviation Administration claimed that she performed the duties of a program analyst, but was not given the position or compensated for extra work she allegedly did. She asserted a claim for violations of the Equal Pay Act, asserting that she was not given the pay provided to male employees doing comparable work. Her equal pay claim failed because she had not provided a description of any "common core of tasks" or of the male employees' hours, duties, background, and qualifications. Her failure to promote Title VII sex discrimination claim failed as she had not shown that she ever actually applied for the job of program analyst she complained about not getting. Additionally, a Title VII unlawful retaliation claim failed when she did not prove that she ever complained about the alleged discrimination before measures were taken to remove her from what she characterized as more challenging duties. Jaburek v. Foxx, #15-2165, 2016 U.S. App. Lexis 474 (7th Cir.).
     A Georgia deputy sheriff's First Amendment rights were not violated when an elected sheriff, upon taking office, allegedly transferred her to a position with less responsibility and authority, as well as less prestige because she had supported his opponent. Under state law, political loyalty was an appropriate requirement for the position of deputy sheriff. The claim that her transfer constituted gender discrimination was rejected. The sheriff stated that she was transferred to remedy problems with the jail, and she failed to show that this was a pretext for discrimination. Ezell v. Darr, #13-15851, 2015 U.S. App. Lexis 16851 (11th Cir.).
     At a time when Illinois had a Democratic governor, the plaintiff, a conservative who votes Republican, was working in Chicago as a special agent for the state liquor control commission. She bought a home in southern Illinois, and asked about transferring to that area. She failed to submit a formal transfer request or apply for the job, and did not get the position. She sued state officials, claiming that she was denied the transfer in violation of her First Amendment rights because of her political affiliation, as well as because of her gender. A federal appeals court upheld summary judgment in favor of the defendants, since the undisputed evidence showed that the plaintiff did not receive the desired transfer because she never submitted the proper transfer request paperwork or otherwise apply for the desired position. There was no causal link between this and her Republican political affiliation. Bisluk v. Hamer, #14-3365, 2015 U.S. App. Lexis 16037, 127 Fair Empl. Prac. Cas. (BNA) 1729 (7th Cir.).
     A man was a candidate for a police academy class, and scored high on the examination, placing him at the top of a list of eligible candidates who did not qualify for reemployment or a statutory preference, but ranked 214 on the eligibility list because of such preferences. He was not admitted, and claimed that he had been subjected to sex discrimination arising from preferential treatment of females in hiring candidates. Under Massachusetts state law, gender discrimination in employment was not permitted unless the employer had a bona fide occupational qualification (BFOQ) to limit the position to a specific gender. The fact that there was a statistical disparity between the number of female defendants/arrestees and the number of female officers was generally insufficient to be such a BFOQ. In this case, however, the highest court in Massachusetts ruled that the claim should be dismissed for lack of standing as the alleged injury was not sufficiently concrete and imminent to give the plaintiff standing.
     "Nothing in the record speaks to the relative likelihood that the candidates ranked ahead of the plaintiff would have been granted conditional offers of employment, whether they would have passed the required fitness and medical review, or even if they would have accepted or rejected said offers. Although it is possible that most of the people ranked ahead of the plaintiff would have either turned down an offer or would have failed the fitness and medical review, such a position is purely speculative based on the record before us." Pugsley v. Police Dep’t of Boston, #SJC-11740, 472 Mass. 367, 2015 Mass. Lexis 486, 127 Fair Empl. Prac. Cas. (BNA) 1359.
    A black woman claimed that a state Department of Transportation's State Highway Administration refused to hire her for two different positions that she applied for because of her race and sex, despite her being "highly qualified." She claimed that the employer's decision makers were biased and "pre-determined" that they would only hire white applicants for the jobs. A federal appeals court upheld the dismissal of the lawsuit, finding that the plaintiff failed to adequately allege any facts that supported her claims that the employer discriminated against her because she was African-American or female. An adequate complaint must allege more than a "sheer possibility" that an employer has acted unlawfully. McCleary-Evans v. Maryland Department of Transportation, #13-2488, 780 F.3d 582 (4th Cir. 2015).
     A white male employee of a state highway and transportation department claimed that his firing constituted race and sex discrimination. Rejecting these claims, the federal appeals court found sufficient evidence that the employer fired him for violations of its sexual harassment policy. The plaintiff failed to show that this was a pretext or that the defendants believed or should have known that the sexual harassment allegations were false. Moody v. Vozel, #13-3772, 771 F.3d 1093 (8th Cir. 2014).
     A woman employed by a state corrections department as a substance abuse counselor for 19 years lost her job when her employer contracted out its counseling program to a private company. She claimed that the private company's decision not to hire her stemmed from an incident a year before when she and a coworker complained that their desks were being used after hours to have sex on. She claimed that she was told that it was "just" staff members, not inmates, having sex on the desks, and that she could simply wash down her desk. It later was discovered that her coworker and the Major in charge of custody were having an affair, which led to both of them being fired, but the Major quickly returning to work at the prison on a contract basis. When the coworker filed a sex discrimination lawsuit, the plaintiff supported her. She now claimed that the failure to hire her back once counseling was contracted out constituted sex discrimination, age discrimination, and unlawful retaliation. Upholding summary judgment for the defendant employer, the private company providing counseling at the prison, the federal appeals court found that the plaintiff was merely the "unfortunate victim" of a reduction in workforce, rather than retaliation or discrimination. Ripberger v. Corizon, Inc., #13-2070, 2014 U.S. App. Lexis 23186, 125 Fair Empl. Prac. Cas. (BNA) 760 (7th Cir.).
     A county employee claimed that her employer discriminated against her on the basis of her sex and age when they fired her. The appeals court upheld the rejection of this claim, noting that the county had a legitimate, non-discriminatory reason for her termination--that she repeatedly made record keeping errors. The plaintiff failed to provide evidence adequate to raise a genuine issue of fact as to whether the county's reason was pretextual. Doucette v. Morrison County, Minnesota, #13-2424, 763 F.3d 978 (8th Cir.).
     A county was not entitled to summary judgment on male deputies' federal and state sex discrimination challenge to a policy barring them from supervising female inmates in jails. The county failed to show that there was no genuine issue of material fact as to whether it was entitled to a "bona fide occupational qualification" (BFOQ) defense to the sex discrimination claim. The BFOQ defense could not be established merely by deferring to the sheriff's judgment. There were also factual issues as to whether the sheriff arrived at the policy by engaging in a reasoned decision-making policy, as well as whether the policy legitimately furthered important underlying interests, such as protecting the safety of female inmates. Ambat v. City & Cnty. of San Francisco, #11-16746, 2014 U.S. App. Lexis 12512 (9th Cir.).
     A federal trial court improperly dismissed a woman's gender discrimination claim against a municipality for refusal to hire her as a firefighter. It was reasonable to infer that the employer declined to hire her seven times, despite the fact that she was the most qualified candidate, because she was a woman, and only subsequently hired her after an adverse EEOC determination on her sex discrimination claim. The trial court also erroneously found the plaintiff's post-hiring retaliation claims implausible solely on the basis of a five month time period between the protected conduct and the adverse employment event. Garayalde-Rijos v. Municipality of Carolina, #13-1487, 2014 U.S. App. Lexis 5798 (1st Cir.).
     The EEOC sued an employer, claiming that it unlawfully fired an employee because she was lactating and wanted to express milk at work. A federal appeals court overturned a trial court decision that doing this did not constitute sex discrimination, ruling that it did. Lactation was a related medical condition, in addition, for purposes of a claim under the Pregnancy Discrimination Act. While
the lawsuit involved a private employer, the reasoning would also apply to a public employer. EEOC v. Houston Funding II, #12-20220 2013 U.S. App. Lexis 10933 (5th Cir.).
     In a federal employee's mixed case against the U.S. Department of Labor asserting claims for age and sex discrimination and discriminatory removal, a federal appeals court improperly upheld the trial court's dismissal for lack of jurisdiction, when the trial court said that the employee should have filed her claim initially with The Federal Circuit U.S. Court of Appeals. A federal employee, who claims that the employing agency's action that can be appealed to the Merit System Protection Board (MSPB) violates a federal antidiscrimination statute, can seek judicial review in a federal district court regardless of whether the MSPB decided her case on the merits or on procedural grounds. Kloeckner v. Solis, #11-184, 2012 U.S. Lexis 9420.
     A female corrections officer sued the county and a former chief deputy sheriff for sex discrimination under 42 U.S.C. Sec. 1983, arguing that she had commenced a sexual relationship with the former chief deputy, who served as jail administrator, and allowed it to continue because she believed that ending it might lead to her termination. He allegedly continued to hug and kiss her at work after she said she wanted to end the relationship, as well as having intercourse with her at work. A federal appeals court upheld the denial of qualified immunity to the former deputy. The plaintiff presented adequate evidence that she had let him know that his romantic attention was unwelcome. Under the totality of the circumstances that she alleged existed, his actions could be viewed as severe enough to alter the terms and conditions of her employment in the view of a reasonable person. She had adequately alleged that he acted in a physically threatening and severe manner which unreasonably interfered with her work performance. She adequately alleged gender discrimination in violation of her Fourteenth Amendment rights, despite the defendant's claim that her sexual relationship with him was voluntary. A reasonable public official would have known that the defendant's alleged conduct was unlawful, violating the plaintiff's clearly established rights. Williams v. Herron, #11–2894,   687 F.3d 971 (8th Cir. 2012).
     A former police cadet claimed that she was mistreated at the police academy because of her gender. Her lawsuit was filed only as a constitutional equal protection claim under 42 U.S.C. Sec. 1983 (as well as a claim for the use of excessive force against her), and did not assert a Title VII statutory gender discrimination claim. Because of that, she was not required to exhaust available administrative remedies under Title VII before proceeding with her lawsuit. Henley v. Brown, #11-2561, 2012 U.S. App. Lexis 15413, 115 Fair Empl. Prac. Cas. (BNA) 949 (8th Cir.).
     The U.S. government fired a number of employees of executive branch agencies under a statute barring such employment of persons who knowingly and willfully failed to register for the Selective Service as required by law. The employees sued, claiming that the law under which they were fired was an unconstitutional bill of attainder and also amounted to sex discrimination, since only males were required to register for Selective Service. The U.S. Supreme Court ruled that the Civil Service Reform Act of 1978, 5 U.S.C. Sec. 1101 et seq. barred the federal district courts from deciding the case. The employees needed to bring their claim before the Merit System Protection Board (MSPB), despite that board's professed lack of authority to decide constitutional questions, and could then seek review in the U.S. Court of Appeals for the Federal Circuit. Elgin v. Dept. of Treasury, #11-45,183 L. Ed. 2d 1, 2012 U.S. Lexis 4461.
     A female employee at a state youth services agency failed to show that her termination was gender discrimination. She argued that her firing for lying about having had concerns about the wisdom of releasing a young man from residential custody into a community-based treatment program was a pretext for sex discrimination. The young man released committed a murder. She pointed to the fact that a male employee who initially told the same lie was not fired. The appeals court found that the two employees were not similarly situated as to their acts of dishonesty, in that the male employee quickly retracted his initial lie, while the plaintiff did not. Twiggs v. Selig, #11-1682, 2012 U.S. App. Lexis 11210 (8th Cir.).
     A former county employee sued the county, claiming that she had been offered a less favorable severance package than had been provided for male employees in comparable jobs. The trial court ruled erroneous in dismissing her sex discrimination claim by holding that it was not an adverse employment action to engage in discriminatory denial of a non-contractual employment benefit. The trial court's alternative rationale, that the employer had fired her before making the offer of the allegedly discriminatory severance package, also failed to defeat her claim that she had suffered an adverse employment action. Title VII protects former employees as well as current employees, and she also alleged that she was still an employee when she was offered the severance package. Gerner v. County of Chesterfield, #11-1218, 2012 U.S. App. Lexis 5559; 114 Fair Empl. Prac. Cas. (BNA) 976 (4th Cir.).
     A city was liable to a former female spokesperson for the police department for a total of $417,955.34, including $167,955.34 in attorneys' fees and costs. She was transferred to patrol duty from her spokesperson position, and then was assigned to a more prestigious job with promises of overtime after pursuing a union grievance. Believing that she is not receiving as much overtime as other employees, she makes copies of their paystubs to pursue a complaint, but was allegedly then threatened by a city attorney with criminal prosecution for doing so if she didn't drop her EEOC complaints The jury awarded her damages on her claims that the city retaliated against her because of her complaints of gender discrimination. The award included amounts for pain, suffering, emotional distress and injury to her reputation. Lore v. City of Syracuse, #09–3772, 2012 U.S. App. Lexis 1954, 114 Fair Empl. Prac. Cas. (BNA) 466, remanded by 2012 U.S. App. Lexis 4404 (2nd Cir.).
     A sergeant failed to prove that he was passed over for promotion to lieutenant for political reasons by a Democratic sheriff because he is a Republican, did not donate to the sheriff's election campaign, and donated to and voted for his Republican opponent. The average donations to the sheriff's election campaign by eligible officers not promoted exceeded the average donations of those who were promoted. The plaintiff's "lurid" evidence concerning possible sex discrimination in favor of a female officer who was promoted, including a story about her having sex with a boyfriend in a backyard hot tub in the view of others (and the fact that she was the sister-in-law of one of the sheriff's top advisors) was irrelevant and inadmissible hearsay, since the plaintiff had not claimed gender discrimination in his complaint. He was properly denied permission to amend his complaint to include such a claim 56 months after the suit was filed. "If all that's charged is discrimination on political grounds, any nonpolitical ground that the defendant can prove would have caused the discrimination regardless of the presence of political hostility will preclude liability." Brown v. County of Cook, #11-1953, 2011 U.S. App. Lexis 21513 (7th Cir.).
     A female correctional officer, having previously been warned about engaging in excessive absenteeism, declined to accept a change of shift requiring longer hours, and which she claimed would not reasonably accommodate her back problems. She was terminated, and claimed that this constituted gender discrimination because a male co-worker who also refused to accept a shift change was not disciplined as severely. A federal appeals court found that the two officers' actions were similar enough that a jury could find that the different treatment constituted gender discrimination, and should be allowed to consider her claim. Summary judgment for the employer was improper, and there was no indication in the record that the employer had taken her disciplinary record into consideration in firing her. Eaton v. Indiana Department of Corrections, #10-3214,  2011 U.S. App. Lexis 18675 (7th Cir.).
     An officer failed to show that she was retaliated against for protected speech in violation of the First Amendment. Her "war stories" concerning limited harassment by a trainer almost ten years earlier had, at most, a "minimal bearing" on matters of public concern, and the stories were communicated only to an audience of one with the apparent intention of entertaining a co-worker, rather than "illuminating governmental deficiencies." On the other hand, the trial court acted improperly in granting summary judgment against the officer on her sexual discrimination claim against a trainer who allegedly filed a complaint subjecting her to a prolonged investigation and allegedly made statements referring to her as a "cunt" and "dike." Conklin v. City of Reno, #10-15482, 2011 U.S. App. Lexis 9763 (Unpub. 9th Cir.).

     Fourth Circuit rejects a defense motion for summary judgment in a hostile environment sex discrimination lawsuit. The plaintiff was the only female recruit in the police academy. She was consistently made to feel like an outsider by her classmates and some instructors, with one instructor even referring to her as a "bitch." Mosby-Grant v. City of Hagerstown, #09-2161, 2010 U.S. App. Lexis 25850 (4th Cir.).
     Fifth Circuit affirms a failure to promote sex discrimination jury award of $50,000 in past compensatory damages, $428,421 in attorneys' fees and $15,873 in costs. "The jury heard a number of women testify about the rampant sex discrimination in the department, including evidence that women feared retaliation for complaining of such occurrences or voicing their concerns about them. However, the panel overturned an award of $25,000 in future compensatory damages." The plaintiff had had been promoted to Investigator before this case went to trial and she did not adduce evidence that she will suffer any physical effects or mental anguish in the future as a result of the constitutional violation that she experienced in the past. Lewallen v. City of Beaumont, #09-40337, 2010 U.S. App. Lexis 17613 (5th Cir.).
     Federal court declines to dismiss a gender bias action brought by a law enforcement applicant after she allegedly failed a pre-employment psychological fitness exam. The plaintiff had experience as a municipal police officer and as a store detective. "Given [the psychologist's] alleged emphasis on [the] Plaintiff's appearance, his repeated focus on her ability to handle the sexual advances of the opposite sex, his comments that her appearance would cause further problems at her duty station, and his purportedly contemptuous attitude towards [the] Plaintiff having her first child at such a young age and 'out of wedlock,' the Court finds [that the] Plaintiff has produced substantial evidence that [the employer's] reasons for not hiring her are [a] pretext for unlawful discriminatory behavior based on [the] Plaintiff's gender." Jimenez v. Dyncorp Intern., #3:08-CV-174, 635 F.Supp.2d 592, 106 FEP Cases (BNA) 1780 (W.D. Tex. 2009).
     Woman firefighter who is under five feet tall failed to show that management discriminated against her because of “sex plus height,” where performance and psychological evaluations, a suspension, and a reassignment to light duty assignment occurred because she is female, or that these actions were sufficiently severe or pervasive to create a hostile work environment. Coffman v. Indianapolis Fire Dept., #08-1642, 106 FEP Cases (BNA) 1793, 22 AD Cases (BNA) 360, 2009 U.S. App. Lexis 18717 (7th Cir.).
     Sixth Circuit reinstates a gender bias suit brought by a 17-year patrol veteran who was passed over for promotion to detective in favor of two males that had lower scores than the plaintiff. Risch v. Royal Oak Police Dept., #08-1883, 2009 U.S. App. Lexis 20980 (6th Cir.).
     Overturning a statute of limitations defense, the Third Circuit revives an Equal Pay Act claim where a police grants administrator complained that she is paid $7,000 less than a male holding a comparable position. Mikula v. Allegheny County, #07-4023, 2009 U.S. App. Lexis 6281, 105 FEP Cases (BNA) 1786 (3rd Cir.).
     The Puerto Rican Police and the Justice Dept. have reached a settlement to resolve a complaint alleging gender-based employment discrimination and retaliation. U.S. v. Policía de Puerto Rico, #08-1264, Complaint (D.P.R. 2008); DoJ Press Doc. 09-076.
     California appellate panel affirms damages of $1.25 million for sex discrimination and retaliation, awarded to a woman police officer. $530,012 in economic and $372,503 in non-economic damages were for sex discrimination, and $59,150 in economic and $287,500 in non-economic damages were for retaliation. Zanone v. City of Whittier, #B189567, 162 Cal.App.4th 174, 75 Cal.Rptr.3d 439, 2008 Cal. App. Lexis 597 (2nd App. Dist.).
     Requiring a female receptionist to serve coffee to male officer workers did not create a hostile work environment. "The act of getting coffee is not, by itself, a gender-specific act." Klopfenstein v. National Sales and Supply, #07-cv-4004, 2008 U.S. Dist. Lexis 44362 (E.D.Pa.).
     Eleventh Circuit rejects a gender bias claim brought by a woman officer who was not transferred as a school resource officer. At the particular school the students had severe behavioral problems, the male that was selected had a physically imposing stature and tactical skills, and the plaintiff refused to accept offer of a similar position at another school. Webb-Edwards v. Orange County Sheriff's Office, #07-12599, 525 F.3d 1013, 2008 U.S. App. Lexis 8666, 103 FEP Cases (BNA) 157 (11th Cir.).
     Even if a male superior subjected the plaintiff and another woman police officer to a demeaning uniform inspection, it did not rise to the level of severity that triggers liability under Title VII. Sword-Frakes v. City of N. Las Vegas, #06-16918, 2008 U.S. App. Lexis 3982 (Unpub. 9th Cir.).
     California appeals court affirms a verdict for a former police officer that alleged sex discrimination and retaliation. The jury awarded $530,012 in economic and $372,503 in non-economic damages on her claim for discrimination, plus $59,150 in economic and $287,500 in non-economic damages on her claim for retaliation. Zanone v. City of Whittier, #B189567, 2008 Cal. App. Lexis 597 (2nd Dist.).
     District of Columbia joins fourteen states that have laws allowing breast-feeding in the workplace. Employers must provide "reasonable daily unpaid break periods" unless "it would create an undue hardship on the operations of the employer." Child's Right to Nurse Human Rights Amendment, D.C. Official Code §2-1401.01 (2007).
     Appellate court revives a sex discrimination/wrongful termination action filed by a female civilian police employee that was fired for passing out in a stranger's parked car while intoxicated; she showed that several male co-workers were not fired after being involved in alcohol-related incidents. Johnson v. Olmsted Township, #89194, 2007-Ohio-6487, 2007 Ohio App. Lexis 5680, 102 FEP Cases (BNA) 482 (8th Dist.).
     Denial of a woman police officer's request to work an out-of-town assignment was an adverse personnel action because of the loss of substantial overtime. Lewis v. City of Chicago, #06-2302, 2007 U.S. App. Lexis 17811, 101 FEP Cases (BNA) 139 (7th Cir.).
     Police officials were entitled to qualified immunity, in an action by women officers who were involuntarily assigned to the night watch because there were no female officers; the defendants had a reasonable belief that the reassignments were lawful. Duckworth v. St. Louis Metro. Police Dept., #06-3433, 2007 U.S. App. Lexis 17137, 101 FEP Cases (BNA) 121 (8th Cir.).
     Federal appeals panel rejects a suit by a university police officer brought because her supervisor interrupted her during personal break times, during which she expressed breast milk for her baby. She failed to show that she suffered an adverse employment action, because one of her supervisors expressed comments that were derogatory, unprofessional, or motivated by discriminatory animus. Page v. Univ. of Penna., #06-1008, 2007 U.S. App. Lexis 6738 (3rd Cir.).
    Fourth Circuit rejects the sex discrimination claims brought by a former undercover narcotics officer that was fired by the sheriff after the state police refused to work with her; she filed a report with discrepancies and was unable to resolve them. The sheriff terminated the plaintiff because she could no longer participate in a drug task force work for which she was hired, not due to her gender. Johnson v. Caudill, #06-1281, 2007 U.S. App. Lexis 2309 (4th Cir. 2007).
     Federal jury awards $505,000 [reduced to $300,000] for emotional distress and loss of reputation and $60,000 for lost wages to a former FBI agent who allegedly was retaliated against for filing a sex discrimination complaint. Turner v. Gonzalez, #01-CV-1407, 45 (2194) G.E.R.R. (BNA) 220 (D. Minn. 2007); prior ruling at 421 F.3d 688 (8th Cir. 2005).
     Even if an employee is reinstated (with full back pay, salary, and benefits) to her former position only eight day, a reverse termination is an adverse employment action. Ford-Fugate v. FedEx Freight, #1:04-cv-1514, 2007 U.S. Dist. Lexis 950 (S.D. Ind.). [N/R]
     Federal court rules against a woman that allegedly was fired because she took time off to undergo fertility treatment, because infertility is a medical condition that afflicts men and women with equal frequency. Hall v. Nalco, #04C7294 (N.D. Ill. 2006). {N/R}
     FBI settles a class action filed by women employees who claimed that unneeded requirements for higher paying jobs had a disparate impact. Boord v. Gonzales, #100-A1-7101X, 44 (2166) G.E.R.R. (BNA) 772 (EEOC 2006). [2006 FP Oct]
     Eighth Circuit holds that it is not unlawful under Title VII for an employer to discharge an employee for consensual sexual conduct with a superior. Tenge v. Phillips, #05-2803, 2006 U.S. App. Lexis 10586 (8th Cir. 2006).{N/R}
     In a 7-to-4 decision, the Ninth Circuit upholds the firing of a woman employee who refused to wear facial makeup. Jespersen v. Harrah's, Inc., #03-15045, 2006 U.S. App. Lexis 9307 (9th Cir. en banc 2006). [2006 FP Jun]
     Federal appeals court affirms verdicts for two women firefighters for $265,000 for not being issued protective clothing designed for females, and another $70,000 for retaliation. Wedow v. City of Kansas City, #04-1443, 2006 U.S. App. Lexis 7297 (8th Cir. 2006). [2006 FP May]
     In a failure to promote gender bias action, the plaintiff must establish that she and the male who ultimately was hired had similar qualifications. The male had seventeen years of experience in security, investigation, safety and crime prevention, as compared with the plaintiff's seven years of experience. White v. Columbus Metro. Housing Auth., 429 F.3d 232, 2005 U.S. App. Lexis 24465, 2005 FED App. 0440P, 96 FEP Cases (BNA) 1545 (6th Cir. 2005). {N/R}
     Heterosexual state employee loses her suit that her superior, a lesbian, failed to promote her. She only scored second and she failed to show that she was discriminated against because of her gender. Medina v. I.S.D. State of New Mexico, #04-2166, 413 F.3d 1131, 95 FEP Cases (BNA) 1765, 2005 U.S. App. Lexis 12786 (10th Cir. 2005). {N/R}
     Gender bias lawsuit dismissed by appeals court. Federal agent was subjected to more intense scrutiny during an internal investigation than a male coworker because she failed a polygraph exam. Peltier v. U.S., #03-3623, 388 F.3d 984, 2004 U.S. App. Lexis 22440, 94 FEP Cases (BNA) 13043 (6th Cir. 2004). [2005 FP Feb]
     Although the plaintiff's initial claims for sexual harassment are time-barred, she is not precluded from attempting to show a causal link between the earlier harassment and more recent alleged acts of discrimination or retaliation. Porter v. California Dept. of Corrections, #02-16537, 383 F.3d 1018, 2004 U.S. App. Lexis 19070 (9th Cir. 2004). {N/R}
     FBI agent, who was disciplined because of a variance between electronic building records and her time sheets could maintain a suit for retaliation, based on a prior sex discrimination complaint. Velikonja v. Mueller, #03-0832, 2004 U.S. Dist. Lexis 6701 (D.D.C. 2004). {N/R}
     Eleventh Circuit concludes that a public employee, who initially was fired, did not suffer an "adverse employment action" and could not sue for gender bias because the termination decision was overturned in an administrative appeal. Stavropoulos v. Firestone, #02-16486, 2004 U.S. App. Lexis 3532, 93 FEP Cases (BNA) 498 (11th Cir. 2004). {N/R}
     Appeals court holds that when an insolvent private correctional services firm sells a substantial portion of its assets to another organization, the purchaser may be subject to liability for the pending Title VII claims. Brzozowski v. Corr. Physician Servs., #02-3659, 2004 U.S. App. Lexis 3240 (3d Cir. 2004). {N/R}
     A federal court in Pennsylvania has denied summary judgment to a city that was sued by a woman sergeant that was passed over for lieutenant. The city manager had cited her lack of experience as a detective, although the chief allegedly denied her that assignment because of she was married with children. Shesko v. City of Coatesville, #01-CV-6780, 2003 U.S. Dist. Lexis 21579 (Unpub. E.D. Pa. 2003). {N/R}
     Tenth Circuit holds that the 11th Amendment does not bar a suit by a state employee raising a gender discrimination retaliation claim. Crumpacker v. State of Kansas, #02-3197, 338 F.3d 1163, 2003 U.S. App. Lexis 16314, 92 FEP Cases (BNA) 728 (10th Cir. 2003). {N/R}
     Federal court rejects the suit filed by an overweight smoker, alleging that she was unfairly disqualified by the qualifying fitness test for a SWAT-narcotics sergeant position. Stahl v. Wyandotte Co., #01-2539, 244 F.Supp.2d 1181, 2003 U.S. Dist. Lexis 2170 (D. Kan. 2003). [2003 FP Jul]
     Woman deputy dog warden, who won $300,000 in a federal sex discrimination suit after she was not promoted to warden, was not entitled to recover additional damages from the county commissioners, in their individual capacities, in a parallel suit brought in state court, under state law. Kirkhart v. Keiper, #2001-P-0069, 2002 Ohio 6472, 2002 Ohio App. Lexis 6255 (Ohio App. 2002). {N/R}
    Federal appeals court rejects a sexual harassment action where the plaintiff failed to show that her gender motivated male coworkers' sexually explicit conduct and conversations; she would have been exposed to the same offensive behavior were she a man. Ocheltree v. Scollon, 01-1648, 2002 U.S. App. Lexis 21145 (4th Cir. 2002). {N/R}
     A Sacramento County Superior Court has awarded $951,710 to a state employee in California who claimed he was fired in retaliation for participating in a coworker's complaint of gender discrimination. Prasad v. Univ. of Cal. Davis Med. Ctr., reported in the Calif. Bar Journal Trial Digest, April 2002. {N/R}
     New York's highest court gives 9% per year prejudgment interest to a victim of discrimination who waited 12 years for a trial. To hold otherwise would encourage employers to seek delays. Matter of Aurecchione v. N.Y. St. Div. of Human Rights, 2#47, 2002 NY Int. 41, 2002 N.Y. Lexis 898 (2002). [N/R]
     Fifth Circuit holds that a Texas woman firefighter applicant was entitled to recover $23,000 because she was asked "inappropriate" questions during her interview. She was later admitted to the academy and then flunked out. A $877,000 verdict for retaliatory termination was set aside by the trial and appellate courts. Montemayor v. City of San Antonio, # 00-50681, 276 F.3d 687 (5th Cir. 2001). [2002 FP Jun]
     A Fire District's refusal to accommodate a woman firefighter's educational requests, while accommodating similar requests by male firefighters, could have made her job intolerable -- supporting a constructive discharge claim. Rhyce v. Martin, #00-2623, 173 F.Supp.2d 521, 2001 U.S. Dist. Lexis 4963 (E.D. La. 2001). [N/R]
     Michigan appeals court sustains norming of physical tests results between men and women police applicants. Alspaugh v. Cmsn. on Law Enf. Stds., #220156, 246 Mich. App. 547, 634 N.W.2d 161, 2001 Mich. App. Lexis 137 (2001). [2002 FP Feb]
     Singling out a woman officer for scrutiny during a uniform inspection was not actionable gender bias, nor was it retaliatory behavior because she had previously had complained about his touching her back. Hilt-Dyson v. Chicago, #99-C-6307, 2001 U.S. Dist. Lexis 5346, 39 (1914) G.E.R.R. (BNA) 655 (Unpub. N.D.Ill., 2001). [2001 FP 139-40]
     Appeals court upholds a punitive damage award of $300,000, and a compensatory award of $275,000, given to a woman former police officer. Dalrymple v. Town of Winthrop, #98-P-1377, 50 Mass.App.Ct. 611, 740 N.E.2d 204, 2000 Mass. App. Lexis 1038, 84 FEP Cases (BNA) 1559. [2001 FP 445]
     Federal appeals court rejects the claim that poor evaluations creates an intolerable hostile environment. “Repeatedly receiving poor evaluations would be unpleasant for anyone, but it does not rise to the level of such intolerable conditions that no reasonable person would remain on the job.” Pipkins v. City of Temple Terrace, #01-11736, 2001 U.S. App. Lexis 21106 (Unpub. 11th Cir.). {N/R}
     Federal court refuses to dismiss the gender bias claim of a woman police officer who scored the highest on written and oral exams but was consistently downgraded on performance ratings. Kielczynski v. Vil. of LaGrange, #97-C-8129, 122 F.Supp.2d 932, 2000 U.S. Dist. Lexis 16722 (N.D.Ill.). {N/R}
     Woman corrections officer who claimed that she was retaliated against because her husband (who was also corrections officer) had filed an affirmative action complaint, had standing to assert a Title VII retaliation claim. Gonzalez v. New York State Dept. of Correctional Services, #00-CV-0632, 122 F.Supp.2d 335, 2000 U.S. Dist. Lexis 17317, 84 FEP Cases (BNA) 1549 (D.N.Y. 2000). {N/R}
     A state university lacks 11th Amendment immunity from a Title VII gender discrimination claim. Maitland v. Univ. of Minn., #00-2192, 260 F.3d 959, 86 FEP Cases (BNA) 1317, 2001 U.S. App. Lexis 18368 (8th Cir. 2001). {N/R}
     Ohio appellate court allows a lawsuit to proceed, claiming that certain overtime claims were denied to communications technicians (who are mostly women) and were given to police officers (who are predominately male). Albaugh v. Columbus Div. of Police, 132 Ohio App.3d 545, 725 N.E.2d 719, 1999 Ohio App. Lexis 1425. [2000 FP 158]
     Federal court rejects the Title VII lawsuit of a woman who was terminated after her male superior ended their romantic affair. Kahn v. O.S.I., 86 F.Supp.2d 377, 2000 U.S. Dist. Lexis 2871, 82 FEP Cases (BNA) 495, 68 L.W. 1640 (S.D.N.Y.). [2000 FP 92]
     Appeals court upholds the termination of a woman after the sexual relationship she had with her boss had ended. Mauro v. Orville, 259 A.D.2d 89, 697 N.Y.S.2d 704, 1999 N.Y. App. Div. Lexis 10935. [2000 FP 13-14]
     Federal appeals court upholds $30,100 verdict for a woman deputy sheriff who was bypassed for a promotion because of her gender. Smith v. Pepersack, #98-1842/3 1999 U.S. App. Lexis 23223 (4th Cir. 1999). {N/R}
     Part-time deputy constable was not promoted to full time due to her gender. Jury properly found that complaints about her work were pretexts for intentional sex discrimination. She recovered a gender bias verdict of $74,900 for lost past wages, $100,000 for lost future wages, $25,000 for lost future benefits, $50,000 for emotional suffering and mental anguish, and attorneys fees of $148,775. A federal appeals court affirmed the county's liability for a denied promotion, sustained part of the damage award, but remanded for recalculation another part of the award. Rutherford v. Harris Co., #98-20623, 197 F.3d 173, 1999 U.S. App. Lexis 30747, 81 FEP Cases (BNA) 1775. {N/R}
     An employer's failure to provide portable toilet facilities for workers at field locations is not sexual discrimination, even if men are less reticent about urinating outdoors than women. The lack of a facility was not an "intolerable working condition." DeClue v. Central Ill. Light Co., #00-1117, 223 F.3d 434, 2000 U.S. App. Lexis 18387, 83 FEP Cases (BNA) 737 (7th Cir.). {N/R}
     Second Circuit upholds a strength test that disproportionately eliminated women firefighter candidates, but the test's time requirement was too stringent. The appellate court rejected the argument that a sample of seven female test-takers was "simply too small to support a disparate impact finding". Also see: Kingsley R. Browne, “The Strangely Persistent ‘Transposition Fallacy’: Why ‘Statistically Significant’ Evidence of Discrimination May Not Be Significant,” 14 The Labor Lawyer (ABA) 437 (Fall, 1998) [9527 words]. Pietras v. Farmingville Fire Dist., #98-7334 & 98-7486, 180 F.3d 468, 1999 U.S. App. Lexis 13415, 80 FEP Cases (BNA) 307 (2nd Cir.). [1999 FP 137-8]
     Third Circuit overturns a 1.5 mile -12 min. run requirement that disqualified most women police officer candidates; test was unrelated to overall job performance. Lanning v. SEPTA, 1999 U.S. App. Lexis 14607, 181 F.3d 478, 80 FEP Cases (BNA) 221 (3rd Cir). [1999 FP 137-8]
     North Dakota woman trooper settles her lawsuit challenging the “Rule of Five.” She was rejected for promotion in favor of a lower-scoring male trooper. Malafa v. N. Dak., #2:97cv73 (D.N.D. 1998). [1999 FP 58-9]
     Justice Dept. sues Georgia town and county for its failure to hire any women as firefighter-EMTs. U.S. v. City of Alma (D. Ga.). Ref: DoJ Press Rel. #CR-99-253 (6/99). {N/R}
     Two women motorcycle officers accept a settlement of $220,000 for denied advancement. Cox v. Daytona Beach, #98-617, -618, 37 (1826) G.E.R.R. (BNA) 1051 (M.D. Fla. 1999). {N/R}
     A private security guard firm lawfully discharged a woman guard for failing to complete a 440-yard run within 2 min., despite a claim that the run requirement thus discriminates against women. The plaintiff failed to offer statistical evidence demonstrating that the requirement itself has a disproportionate impact on women. Boyd v. Borg-Warner, 80 FEP Cases (BNA) 725, 1999 U.S. Dist. Lexis 13974 (S.D.Fla. 1999). {N/R}
     Minnesota settles gender-bias claims of two women state patrol cadets for $140,000. Bell v. Minnesota, #CV 3-95-857, 36 G.E.R.R. (BNA) #1760 (D. Minn. 1998). [1998 FP 107]
     Minneapolis ordered to pay a $1,500,000 civil penalty for pervasive sex discrimination in its police dept. Married police couple also awarded $271,000 in compensatory and punitive damages. Minnesota v. City of Minneapolis, #3-1700-9161-2, 35 (1741) G.E.R.R. (BNA) 1515 (MNHumRts. 1997). [1998 FP 43-4]
     VT Supreme Court upholds Labor Board finding of discriminatory treatment. State's first woman trooper is ordered reinstated because she was held to a higher standard during her probationary service. Butler , Grievance of (vs. VT State Police. Real Party in Interest), 697 A.2d 659 (Vt. 1997). [1998 FP 26-7]
     Woman FBI agent failed to prove a prima facie case of retaliation or of promotional discrimination. Simens v. Reno, 960 F.Supp. 6 (D.D.C. 1997). {N/R}
     Woman officer wins $575,000 in wrongful termination suit. Accused of taking an un-authorized medical leave, she claimed the town fired her for because of her gender and her prior complaints of discrimination. Dalrymple v. Town of Winthrop, Mass. Super. #95-4248-B, 1997 (150) Dly.Lab.R (BNA) A-7. [1997 FP 138]
     Federal appeals panel rules that an offer to promote officer whenever he passes the physical agility tests does not extend the time under which a candidate can claim unlawful discrimination. Peanick v. Morris, 96 F.3d 316, 1996 U.S. App. Lexis 24466, 71 FEP Cases (BNA) 1711 (8th Cir.). [1997 FP 91-2]
     Justice Dept. sues Philadelphia-area Transit Police for unrealistic fitness requirements that exclude women applicants. U.S. v. SEPTA, (E.D.Pa. 1997). DOJ/CR#97-70 . [1997 FP 61]
     Woman LAPD officer, excluded from the SWAT unit, wins $2.3 mill. for discrimination and harassment. Damianakes v. City of L.A., L.A.Co.Super.Ct. #BC101094, 109 (45) L.A.D.J. V&S 4, 34 (1664) G.E.R.R. (BNA) 671, 39 (9) ATLA Law Rptr. 357 (1996). [1996 FP 126]
     Appeals court reduces award for mental anguish from $200,000 to $5,000. Plaintiff was denied a job because of her gender. Port Washington Police Dist. v. St. Div. Hum. Rts., 634 N.Y.S.2d 195 (A.D. 1995). [1996 FP 77]
     Detroit settles 22 year old suit; will pay $10.8 million to 890 women officers and applicants. Besides back pay, the settlement also includes noneconomic damages for emotional distress and impairment of reputations. Schaefer v. Tannian, 902 F.Supp. 746 (S.D. Mich. 1995); also see 895 F.Supp. 175 and 1995 U.S.Dist. Lexis 11816. [1996 FP 44]
     Federal court approves a monetary settlement and consent decree in a gender bias suit in which the EEOC proved the employer maintained unsanitary toilets. EEOC v. Taylor Elec., 1995 FEP Summary (BNA) 90 (N.D.Ill. 1995); prior ruling: 64 FEP Cases 1443, 155 F.R.D. 180. [1995 FP 172-3]
     An employer created an unacceptable situation in which the plaintiff and other female workers were required to risk infection from using the employer-provided toilets which were unsanitary and unsafe. Women have a disproportionate propensity to get an infection from dirty toilet seats. Lynch v. Freeman, 39 FEP Cases (BNA) 338/at 350; 817 F.2d 380 (6th Cir.). [1995 FP 172-3]
     St. Paul Fire Dept. settles a sex discrimination suit and formally adopts the Davis Criterion Task Test. Minn. Dept. of Human Rts. v. City of St. Paul, #8-1700-3224-2; 28 (1380) G.E.R.R. 1143 (M.O.A.H., 1990) and 32 (1556) G.E.R.R. 362 (M.O.A.H., 1994). [1994 FP 93-4]
     City that implemented a process of strictly following numerical rankings of firefighter applicants, based on an examination that included both a written and physical capability tests, did not comply with the EEOC Uniform Guidelines. Combined unweighted scoring had a discriminatory impact on women applicants. City should be required to demonstrate why written portion should not be weighted more than the physical portion. Brunet v. City of Columbus, 64 FEP Cases (BNA) 1215 (6th Cir. 1994). {N/R}
     Federal court in Chicago rules that a individual who suffers employment discrimination may sue an offending party, even if the latter is not his or her employer. Pelech v. Klaff-Joss, 815 F.Supp. 260 (N.D.Ill. 1993). [1994 FP 11-12]
     Neither gender nor the applicant's interracial marriage motivated the city's decision not to hire the plaintiff, a white woman, where her present and past employers reported negative information. Williams v. City of Michigan City, 63 FEP Cases 313, 1993 U.S.Dist. Lexis 19309 (N.D.Ind.). {N/R}
     Articles: Radford, “Sex stereotyping and the promotion of women to positions of power,” 41 Hastings L.J. 471 (1990) and Struth, “Permissible sexual stereotypings versus impermissible sexual stereotyping: a theory of causation,” 34 N.Y.L.Sch. L.Rev. 679 (1989). {N/R}
     • ALR Annotation: “Sex Discrimination in Law Enforcement and Corrections Employment,” 53 ALR Fed. 31-109 (1981); this is a 79 page collection of cases; also see 29 ALR Fed. 13. Also see in this Digest: Height Standards; Physical Fitness Requirements, Agility Tests and Standards;
     Federal appeals court reinstates a $264,242 verdict for woman NYPD probationary officer who was terminated after accusing a male officer of rape. Sorlucco v. New York City Police Dept., 971 F.2d 864 (2d Cir. 1992); see also 703 F.Supp. 1092 (S.D.N.Y. 1989), rev'd 888 F.2d 4 (2d Cir. 1989); 780 F.Supp. 202 (S.D.N.Y. 1992). [1993 FP 59-60]
     Federal appeals court rejects a woman county employee's suit for discrimination and infliction of emotional distress because a supervisor was having an affair with another woman co-worker. Candelore v. Clark Co., 975 F.2d 588 (9th Cir. 1992). [1993 FP 77]
     Where disparate treatment was based on a romantic relationship, rather than gender, it did not give rise to a cognizable claim for sex discrimination under Title VII. The Supreme Court declined review. DeCintio v. Westchester County, 807 F.2d 304 (2nd Cir. 1986, cert. denied 484 U.S. 825, 108 S.Ct. 89 (1987). [1993 FP 77]
     Federal appeals court reverses backpay awarded to a victim of sex discrimination. Later discovered evidence of a falsified application voided her otherwise valid claim of wrongful termination. Milligan-Jensen v. Michigan Tech. Univ., 975 F.2d 302 (6th Cir. 1992). [1993 FP 77-8]
     Employer did not violate Title VII when supervisors treated one woman subordinate better than others, because of sexual involvement. Candelore v. Clark Co., 752 F.Supp. 956 (D.Nev. 1990). [1992 FP 26-7]
     Fact that fire chief allegedly called a woman fire inspector a "dumb blond" did not give hear a right to sue under Title VII. Halasi-Schmick v. City of Shawnee, 759 F.Supp. 747, 59 FEP Cases 1455 (D.Kan. 1991). [1992 FP 76-7]
     Federal Court in Indiana holds that the 1991 Civil Rights Act is retroactive. A police dept. can be liable for compensatory damages for discrimination occurring before Nov. 21, 1992. Other courts disagree. Guess v. City of Portage, 58 FEP Cases (BNA) 250 (N.D.Ind. 1992). [1992 FP 94]
     Federal appeals court rejects a woman county employee's suit for discrimination and infliction of emotional distress because a supervisor was having an affair with another woman co-worker. Candelore v. Clark Co., 975 F.2d 588 (9th Cir. 1992). [1993 FP 77]
     Federal appeals court upholds finding that a sheriff's dept. sergeant promotional process discriminated against women deputies; twice back pay differential allowed as punitive damages. Bouman v. Block, 940 F.2d 1211 (9th Cir. 1991). [1992 FP 142]
     Former deputy settles her suit against the sheriff; she was fired after dating a married deputy. Massingale v. Taylor, U.S. Dist. Ct. (D.S.C. 1991), reported in the Anderson [S.C.] Independent (9/5/91).
     Corrections Dept. pays $3.7 million in lost wages and benefits to 22 women corrections officers who were ordered to have abortions or lose their positions. Alversa v. City of New York, #90 Civ. 0138, 34 ATLA Law Rptr. 233 (S.D.N.Y. 4/17/91).
     A fire dept. paramedic sued, following his termination, alleging that the county failed to accommodate his religiously-based objection to being assigned with female partners because “it is morally and spiritually wrong to sleep unsupervised in a room with another woman other than his wife.” A federal court rejected his claims, finding that the county's rotating schedule furthered a legitimate need to reduce overtime costs and fairly distribute work assignments. Miller v. Drennon, 1991 U.S. Dist. Lexis 20382, 56 FEP Cases (BNA) 274 (D.S.C.). {N/R}
     Federal Court in NY says an employer's belief that an employees work was of marginal quality was a nondiscriminatory ground for his dismissal, even if the belief was erroneous. Fahie v. Thornburgh, 746 F.Supp. 310 (S.D.N.Y. 1990).
     Federal Court in California rules that the filing of a discrimination complaint with the EEOC does not postpone the running of the statute of limitations on filing a civil rights suit. Reese v. City of Emeryville Fire Dept., 746 F.Supp. 987 (N.D. Cal. 1990).
     U.S. Supreme Court holds that 1964 Civil Rights Act prohibits gender-based job assignment restrictions for fetal protection purposes. Intern. Union U.A.W. v. Johnson Controls, 499 U.S. 187, 111 S.Ct. 1196, 1991 U.S. Lexis 1715, 55 FEP Cases (BNA) 365 (1991).
     Woman police officer, rejected for SWAT unit because of her sex, settles claim against city. Offer of back pay differential is accepted; her personnel file also corrected. [Patricia] Foust v. City of Oshkosh, Wis. Div. of Equal Rights (June, 1990).
     Woman police dispatcher wins $16,500 for emotional distress; claimed she was fired because of her gender. Merritt v. McClain, U.S. Dist. Ct. (D.Okla. 1989).
     Police Dept. could not ask female applicant questions relating to child care or her husband's attitude to her working as an officer. Riffelmacher v. Bd. of Police Cmsnrs., 27 Mass.App. 159, 535 N.E.2d 1280 (1989).
     En Banc federal appeals court finds that common sense, not empirical studies, is an appropriate reason to deny male corrections officers transfer to women's unit. Torres v. Wisconsin Dept. of Health & Soc. Serv., 859 F.2d 1523 (7th Cir. en banc 1988).
     Employer's alleged enforcement of its rule prohibiting dating among coworkers, if applied to the plaintiff because of her gender, states a disparate practice claim under Title VII. Zentiska v. Cardinal, 708 F.Supp. 1318, 1988 U.S.Dist. Lexis 11047, 47 FEP Cases (BNA) 1823. {N/R}
     Woman police officer awarded pay differential for losing promotion to unqualified male; agency had also engaged in retaliatory abuse because she filed a discrimination complaint. Walsdorf v. Bd. of Cmsnrs., 857 F.2d 1047 (E.D. La. 1988).
     Firefighter agility test upheld by U.S. District Court. The cutoff point which disqualified female applicants remains in dispute. Evans v. City of Evanston, 695 F.Supp. 922 (N.D. Ill. 1988); relief vacated and case remanded, 50 FEP Cases (BNA) 612 (7/27/89).
     Federal appeals court overturns contempt citation against mayor and police chief who publicly expressed no confidence in woman police captain who prevailed in discrimination suit. Jordan v. Wilson, 851 F.2d 1290 (11th Cir. 1988).
     Women police reservists in Northern Ireland recover $2.2 million for sex discrimination; largest sex discrimination settlement in U.K. history. In re Northern Ireland Police Auth., Financial Times (London) #30,690 p. 12 (Nov. 10, 1988).
     State supreme court upholds employer rule that terminates injured or sick employees after exhausting sick leave, but exempts women who are pregnant. Non-pregnant employees of both sexes are treated equally. Kansas Gas & Elec. v. Kansas Cmsn. on Civil Rights, 242 Kan. 763, 750 P.2d 1055, 46 FEP Cases (BNA) 149 (1988).
     Federal court in Cleveland upholds physical agility tests for firefighter applicants; court concludes that anaerobic component is more important than aerobic component. Zamlen v. City of Cleveland, 48 FEP Cases (BNA) 1489 (N. D. Ohio 1989).
     If woman chief was subjected to greater scrutiny and review than male employees, she can bring suit for discrimination. Harrington v. City of Portland, 677 F.Supp. 1491 (D. Ore. 1987); see also 708 F.Supp. 1561 (D.Ore. 1988).
     Federal court finds that sheriff paid female employee less than males paid for similar county employment. Flory v. Salt Lake Co. Sheriff's Office, 680 F.Supp. 1504 (D. Utah, 1988).
     Failure to appoint female applicant proved by city's use of overtime pay in excess of an officer's salary. Storey v. City of Sparta Police Dept., 667 F.Supp. 1164 (M.D. Tenn. 1987).
     Federal appeals court upholds suit by female officer who failed the training academy; differential treatment alleged. Donoghue v. Orange Co., 828 F.2d 1432 (9th Cir. 1987).
     Federal court finds that hostility to female CID agent was caused by her own efforts to prove gender discrimination. Lake v. Baker, 662 F.Supp. 392 (D.D.C. 1987).
     Supreme Court declines to review NYPD sex discrimination case; men pass physical test at twice the rate of women. Berkman v. City of N.Y., 580 F.Supp. 226, 1983 U.S. Dist. Lexis 11022, 43 FEP Cases (BNA) 290 (E.D.N.Y. 1983); aff'd, 705 F.2d 584, 1983 U.S. App. Lexis 29269; 31 FEP Cases (BNA) 767 (2nd Cir. 1983); modified 812 F.2d 52, 1987 U.S. App. Lexis 2329, 43 FEP Cases (BNA) 318 (2nd Cir. 1987); cert. denied, 108 S.Ct. 146 (1987). New York City's firefighter agility exams were tossed out as discriminatory.
     If disparate treatment is based on a romantic relationship, rather than gender bias, it does not give rise to a cognizable claim for sex discrimination under Title VII. Supervisor did not violate the law when he promoted his female paramour and not otherwise qualified male candidate. DeCintio v. Westchester Co., 807 F.2d 304 (2nd Cir. 1986); cert. den., 484 U.S. 825, 108 S.Ct. 89 (1987).
     Allegation that employer provided unsanitary portable toilets with adverse impact on female employees was sufficient to allow sex discrimination suit. Lynch v. Freeman, 43 FEP Cases 1120, 817 F.2d 380 (6th Cir. 1987). {N/R}
     Chicago policewoman awarded $100,000 in back pay and lost interest, plus legal fees, for sex-biased hiring procedures. U.S. and McNamara v. City of Chicago, Civil #73-C-2080 (N.D. Ill.), 133 (61) Chgo. Daily Law Bull. 1 (March 30, 1987).
     The Dept. of Justice obtains a consent decree prohibiting an Indiana, sheriff's department from discrimination against women. U.S. v. Henry Co., Inc., Sheriff's Dept., U.S. Dist. Ct. (S.D. Ind. 1987).
     Female police recruits who failed firearm proficiency tests proved training procedures were inadequate. Griffin v. City of Omaha, 785 F.2d 620 (8th Cir. 1986).
     Federal court rejects physical agility test in an Illinois Police Dept; insufficient test validity. Thomas v. City of Evanston, 610 F.Supp. 422 (N.D. Ill. 1985).
     Justice Department obtains consent decree against Delaware City that rejected female applicants who failed physical tests. U.S. v. New Castle Co., Del., U.S. Dist. Ct. (D. Del. 1984).
     Federal court sets standards for determining back pay for successful plaintiff in sex discrimination case. Curl v. Reavis, 608 F Supp. 1265 (W.D. N.C. 1985).
     Justice dept. sues Phoenix sheriff over female hiring practices; backpay, retroactive seniority sought. U.S. v. Maricopa Co., Ariz., U.S. Dist. Ct. (D.Ariz. 1985).
     Justice Dept. sues Mass. Dept. of Corrections over hiring and assignment policies for female correctional officers. U.S. v. Mass. Dept. of Corr., U.S. Dist. Ct. (D.Mass. 1985).
     Male-only police fraternal organization violated discrimination laws when females were denied insurance-membership benefits. Franklin v. Order of United, etc., 590 F.Supp. 255 (D.Mass. 1984).
     Arizona police dept. signs consent decree in sex discrimination case; back pay awarded to civilian job applicant. U.S. v. City of Avondale, AZ, U.S. Dist. Ct. (D.Ariz. 1984).
     Ohio city signs consent decree to recruit more females, drop height requirement and pay back pay to rejected applicant. U.S. v. City of Wadsworth, U.S. Dist. Ct. (N.D.Ohio 1984).
     Federal court refuses sex discrimination consent decree; description of "goals" or "expectations" are unlawful quotas by another name. U.S. v. Sheriff of Lancaster Co., 561 F.Supp. 1005 (E.D. Va. 1983).
     Physical agility test challenged in Rhode Island City; federal court found test was not properly validated. Plaintiff still not hired because of her failure of self-defense test. Burney v. City of Pawtucket, 563 F.Supp. 1088 (D.R.I. 1983), aff'd 728 F.2d 547 (1st Cir. 1984).
     City could layoff female dispatchers and meter maid while keeping male police officers and firefighters with less seniority. Knight v. City of Bogalusa, 717 F.2d 249 (5th Cir. 1983).
     Emotional damages recoverable for discriminatory treatment and constructive discharge; gastritis insufficient. Hopkins v. City of Jonesboro, 578 F.Supp. 137 (E.D. Ark. 1983).
     Justice Department names Cleveland in sex bias suit; this is the 22nd suit filed against a fire department; backpay sought. U.S. v. Cleveland Fire Dept., U.S. Dist. Ct. (N.D. Ohio 1983).
     Dallas sheriff's office loses class action, backpay, and attorney's fees in sex discrimination case. Richardson v. Byrd, 709 F.2d 1016 (5th Cir. 1983).
     Justice Department sues fire, police and other city of Gallup agencies for discrimination against women and Indians. U.S. v. City of Gallup, U.S. Dist. Ct. (D.N.M. 1983).
     Back pay award part of consent decree for mother of preschool age children who sought job of police officer in Georgia. U.S. v. City of Marietta, U.S. Dist. Ct. (N.D. Ga. 1983).
     Justice Department signs decree for more female officers with Maine State Police; new agility tests ordered. U.S. v. Maine State Police, U.S. Dist. Ct. (D. Me. 1983).
     Consent decree requires Virginia sheriff to hire female applicant and to actively recruit female deputies. U.S. v. Hammell, U.S. Dist. Ct. (N.D. Va. 1983).
     Federal court refuses to adopt “comparable worth” doctrine; matrons, paid less than male corrections officers, lose suit. Power v. Barry Co., Mich., 539 F.Supp. 721 (W.D. Mich. 1983).
     Female police clerk gets $15,000 for mental anguish; retaliatory harassment followed her complaint of pay discrimination. City of Portland v. Bur. of Labor, 656 P.2d 353 (Ore. App. In Banc 1982).
     Federal appeals court, in split decision, orders employment of female deputies; practice of assigning new deputies to jail duties is not justified and disqualifies female applicants. Hardin v. Stynchcomb, 30 FEP Cases (BNA) 624, 691 F.2d 1364 (11th Cir. 1982).
     Mass. State Police agrees to decree requiring increased recruitment of females; no quota imposed, but female applicants should constitute twenty percent of hiring pool. U.S. v. Mass. State Police, U.S. Dist. Ct., (E.D. Mass. 1982).
     Previously all-male agency could proportionately limit hiring to female applicants for temporary period to reduce imbalance and study effects. La Riviere v. EEOC, 682 F.2d 1275 (9th Cir. 1982).
     Employer must prove necessity to employ female officers; mere claim of need to search females is not enough. Saunders v. Hercules, Inc., 510 F.Supp. 1137 (W.D. Va. 1981).
     Gender based mortality tables cannot be used to assess pension contributions or affect annuity benefits. Women in City Government United v. City of N.Y., 515 F.Supp. 295 (S.D.N.Y. 1981).
     Breastfeeding mother wins right to sue her governmental employer who denied her request to feed infant during lunch period; attorneys’ fees awarded. Dike v. Sch. Bd., 650 F.2d 783 (5th Cir. 1981).
     Rhode Island State Police sign consent decree; hiring goal of twenty percent set in future recruit classes. U.S. v. R.I. St. Police, U.S. Dist. Ct. (D.N.H. 1982).
     Husband, fired for assisting wife in bringing claim against their joint employer, has right to sue for retaliation. Lack of job tenure not applicable. Owens v. Rush, 654 F.2d 1370 (10th Cir. 1981).
     Maryland agrees to pay $221,000 to rejected female police applicants; height and weight restrictions removed. U.S. v. Maryland Transp. Auth., U.S. Dist. Ct. Md. (1981).
     Consent decree calls for recruitment of state police force that is twenty percent female. U.S. v. Vermont St. Police, U.S. Dist. Ct. (D. Vt. 1981).
     Federal court awards one and one-half million dollars in sex bias case against Los Angeles police department. Blake v. City of Los Angeles, 435 F.Supp. 55 (C.D. Cal. 1977), 595 F.2d 1367 (9th Cir. 1979), cert. den. 100 S.Ct. 1865 (1980).
     Lowering physical agility test scores for all does not discriminate against male applicants. Patrolmen's Benev. Assn. v. Twp. of East Brunswick, 180 N.J. Super. 68, 433 A.2d 813 (A.D. 1981).
     Lack of separate facilities for females not a valid defense to employment rejection decision. City of Charleston v. West Virginia Hum. Rts. Cmsn., 286 S.E.2d 284 (W.Va. 1982).
     Consent decree to increase pool of female state trooper applicants from two to twenty percent. U.S. v. Mass. State Police, U.S. Dist. Ct. (D. Mass. 1982).
     Consent decree calls for twenty-five percent hiring goal. U.S. v. Town of Secaucus, U.S. Dist. Ct. (1980).
     Female dispatcher could be classified in a civilian position at less pay; damages awarded for lewd remarks and other sexual harassment. Brown v. City of Guthrie, 22 FEP Cases 1627 (W.D. Okla. 1980); see also: Bowe v. Colgate-Palmolive Co., 272 F.Supp. 332/at 369 (S.D. Ind. 1967).
     Matrons entitled to participate in police and fire pension plan; hazardous duties not required. Beggs v. City of Pasco, 611 P.2d 1252 (Wash. 1980).
     South Carolina signs decree to employ female troopers on a 1-to-4 basis during five-year period. U.S. Dept. of Justice v. St. of So. Car., U.S. Dist. Ct. (D. S.C. 1980).
     Female hiring goal included in North Carolina decree. U.S. v. N.C. Highway Patrol, U.S. Dist. Ct. (D.N.C. 1980).
     Minnesota court settlement allows females to apply for investigator, dispatcher and inspector positions without firefighter basic training. St. Paul Human Rights Cmsn. v. St. Paul Personnel Dept., Ramsey Co. Dist. Ct., Minn. (1980).
     Woman firefighter who breast fed son in firehouse awarded $28,587 in damages and legal expenses. City of Iowa City Council v. Iowa City Civil Rights Cmsn., Johnson Co. Dist. Ct. (June, 1980).
     Federal appeals court scores sexist attitudes of Toledo police department; physical agility test was infirm. Harless v. Duck, 619 F.2d 611 (6th Cir. 1980).
     Philadelphia consent order includes $700,000 in back pay and hiring goals. U.S. v. City of Philadelphia, G.E.R.R. (BNA) 886:22 (E.D. Pa. 1980), prior app. aff'd 573 F.2d 802, cert. den. 99 S.Ct. 1196.
     Indianapolis signs consent decree. U.S. v. City of Indianapolis, (S.D. Ind. 1979).
     Federal court says female paramedic candidates can bypass firefighter academy training. U.S. v. City of Milwaukee, 481 F.Supp. 1162 (E.D. Wis. 1979).
     Federal appeals court blocks demotion of woman who was originally promoted because of her sex; "adjustments" not permitted by federal law to correct past errors. Shortt v. Co. of Arlington, Va., 589 F.2d 779 (4th Cir. 1978).
     Federal court bans state police height and weight standards in Virginia. U.S. v. Comm. of Virginia, 454 F.Supp. 1077 (E.D. Va. 1978).
     California upholds police agility test as job related; action by female applicant fails. Hardy v. Stumpf, 145 Cal.Rptr. 176, 576 P.2d 1342 (Cal. 1978).
     Female fire dispatcher not entitled to firefighter pay. Town of West Hartford v. Cmsn. on Human Rights and Opp., #112152, Ct. Cm. Pls., Hartford Co. Conn. (1977).
     Hair length discrimination not unlawful. Hearth v. Metrop. Transit Cmsn. 436 F.Supp. 685 (D. Minn. 1977).
     U.S. Supreme Court holds that females returning to work after pregnancy cannot be denied accumulated seniority benefits. Nashville Gas Co. v. Satty, 98 S.Ct. 347 (1977).
     Third Circuit upholds hiring quota for female police officers; orders transfers of existing women to field patrol assignments; female officer, fired for pregnancy, ordered reinstated. U.S. v. City of Phila., 573 F.2d 802 (3rd Cir. 1978); Roller v. San Mateo, 399 F.Supp. 358, aff’d 572 F.2d 1311 (9th Cir. 1977).
     Constructive seniority appropriate for female public servants who are victims of discrimination practices; layoff procedures modified by federal appeals court. Acha v. Beame, 531 F.2d 648 (2d Cir. 1976); Schaeffer v. Tannian, 394 F.Supp. 1136 (E.D. Mich. 1975).
     Injunctive relief won by men in class action against Connecticut state employees retirement act for sex discrimination. Fitzpatrick v. Bitzer, 390 F.Supp. 278 (D. Conn. 1974).
     See also: Back Pay Claims; Equal Employment Guidelines & Regulations; Height Requirements; Physical Fitness Requirements, Agility Tests and Standards; Pregnancy Policies and Discrimination; Promotional Rights; Race and Sex Discrimination; Sex Discrimination - Affirmative Action; Sex Discrimination - Correctional Facilities; Sexual Harassment and EEOC regulations at

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