Male supervisor repeatedly tells female staffer that she’s performing ‘a man’s job’

“If you have a few minutes,” said HR Director Carolyn McGill, “I’d like to update you on a lawsuit that we just got hit with.”

“Lawsuit?” asked Supervisor Nathan Hawkins. “Who’s suing us?”

“You remember Heather, of course,” said Carolyn.

“Sure, I remember Heather,” said Nathan. “She quit the job a few months ago.”

“That’s correct,” said Carolyn. “After she resigned her position, she decided to sue us for gender discrimination.”

“No way,” said Nathan. “What evidence does Heather have to show that we discriminated against her because she’s a woman?”

“Heather claims that as soon as she started working for us, her male manager repeatedly told her that she was performing a ‘man’s job,’” said Carolyn.

“It’s unfortunate that Heather’s boss had some old-fashioned ideas about gender roles,” said Nathan, “but a few inappropriate comments hardly amount to solid proof of illegal discrimination.”

“I agree,” said Carolyn. “However, Heather also alleges that her male manager often stated that she only got the job because she was involved in a sexual relationship with a senior-level male executive. She was offended and humiliated by those comments, and says she never had a relationship with the executive.”

“Yes, well, I know Heather wasn’t involved in any untoward relationships,” said Nathan, “so I’m not sure what that’s about. Nevertheless, the comments by the boss didn’t reveal gender bias, if you ask me. After all, a male worker could be accused of having a sexual relationship with a senior-level manager.”

“That’s true, of course,” said Carolyn. “Heather also says that her male boss frequently assigned her to clerical tasks that were below her skill level and weren’t included in her job description. Plus, the boss shifted many of Heather’s job duties to a male worker who had reported to Heather. She alleges that her supervisor was setting her up for failure so he could get rid of her.”

“That sounds like a lot of speculation to me,” said Nathan. “And don’t forget that Heather quit.”

“Right,” said Carolyn. “We’ll fight this lawsuit.”

Result: The employer lost. The court refused to dismiss the case. The judge said the woman provided solid proof that she endured gender bias.

The court decided that because the woman resigned her position, she didn’t suffer an adverse employment action. However, she showed that her male manager made her job so intolerable that she had no choice but to quit – a constructive discharge.

Furthermore, the woman claimed that her male boss frequently said a man should have her job. Those comments were direct evidence of gender discrimination.

The woman provided additional proof of gender bias by showing that she was frequently assigned to clerical tasks that weren’t in her job description. Insisting that a woman perform administrative tasks is a telltale sign of gender bias, said the judge.

And the male manager’s frequent accusations that the woman only got the job because she was having a sexual relationship with a senior-level male manager revealed gender bias. In addition, the court noted that the woman’s job duties were shifted by her boss to a male worker who was supposed to be reporting to her, which was additional evidence of decision-making motivated by gender stereotypes.

Cite: Allen-Walker v. Shelby County Government, U.S. District Court, W.D. Tennessee, No. 2:23-cv-2746, 8/13/24.

What it means to you: You’ll do yourself a big favor – and significantly reduce the chances of getting hit with a costly gender discrimination lawsuit – by assigning job duties based on gender-neutral factors such as skills, experience and performance.

In this case, a male boss told a female worker to handle clerical tasks based on preconceived ideas about the roles of men and women in the workplace. As a result, his employer is now facing a potentially costly legal judgment.

Action step: Before delegating job duties to your staff members, take a few seconds to confirm that the assignments are gender neutral. Doing so will ensure that your people are handling duties for which they’re well qualified, which will increase job satisfaction for workers and optimize productivity for you.

(From the August 23, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)