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Introduction to
Sex or Gender Discrimination Law
Some Title VII
Cases
-
Dawson v. Bumble & Bumble, 398 F.3d 211 (2nd
Cir. 2005) -
Court determines
whether claims are based on sexual orientation
(which are not actionable under Title VII) or gender
stereotyping (which is actionable).
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Hugh v. Butler County Family YMCA, 418 F.3d 265
(3d Cir. 2005) - Employer cannot argue that employee
did not meet the objective qualifications for the
position (and hence cannot establish that prong of
the prima facie case) where the employer was
aware of these facts when it originally chose to
place the employee in the position.
-
Patton v. Keystone RV Co., - F.3d - (7th Cir.
August 1, 2006) - The court finds sufficient
evidence to support Patton's claim of constructive
discharge. A jury could find that Patton had a
reasonable fear that Ramey (the alleged harasser)
was an obsessed man who was capable of physically
assaulting her and that she should quit immediately
to protect herself.
-
Preston v. Wisconsin Health Fund, 397 F.3d 539
(7th Cir. 2005) - A male executive's romantically
motivated favoritism toward a female subordinate is
not sex discrimination even when it disadvantages a
male competitor of the woman.
-
Tenge v. Phillips Modern Ag Co., 446 F.3d 903
(8th Cir. 2006) - No sex discrimination where female
employee is fired by the owner after the owner's
wife insists on termination because of inappropriate
sexual conduct between owner and the female
employee.
-
McWilliams v. Jefferson County,
- F.3d - (10th Cir. September 6, 2006) - The County
provided a legitimate reason for her termination --
her inappropriate behavior with co-workers and her
numerous unexcused absences. McWilliams blames her
behavior and her absences on her depression, but
that does not make the County's proffered reasons
pretextual. Therefore, her Title VII claim fails.
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