The scenario:
Even though she was a senior-level manager, a female employee – who was the only woman in her department – was always left out whenever her male supervisor and male coworkers went to lunch.
Plus, whenever the boss’s secretary was out, the woman was asked to take over secretarial duties because, according to her boss, “as a woman, she had a better eye.”
The staffer complained to her manager that she was forced to assume embarrassing and belittling “housekeeping responsibilities.” Her supervisor told her to “be nice.”
Later, the woman got a promotion. In response to the news, one of her male subordinates yelled that there was no way in hell he’d ever work for a woman.
The woman complained again. Her supervisor replied that the man had a right to say what he thought. She was subsequently reprimanded for being over the top, overly aggressive and emotional.
A few years later, the woman was terminated, allegedly because of budgetary concerns.
Legal challenge:
The woman sued for gender bias. She said she was fired because of her gender, pointing to the sexist behavior of her male boss and male coworkers.
The company argued that she was terminated because of financial considerations.
The ruling:
The company lost. The court ruled that the staffer may have suffered gender bias. The judge said that although financial issues might have justified the need for a reduction in staff, they didn’t explain why the only woman in the department was dismissed, while her male coworkers weren’t let go.
The skinny:
Make sure to address complaints of gender bias promptly. And don’t let derogatory behavior fester. Adopt a zero-tolerance policy for blatantly sexist comments.
Cite: Notter v. Freedom Forum, U.S. District Court, D. DC, No. 18-2499 (RC), 9/23/19.
(From the Oct. 11, 2019, issue of HR Manager’s Legal Alert for Supervisors)