See also: Race and Sex Discrimination
     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 www.eeoc.gov/regs/