Saturday, May 24, 2014

Revenge for Rejected Sexual Advances Actionable Sex Discrimination under Title VII

Velazquez-Perez v. Developers Diversified Realty, (1st Cir.) (May 23, 2014): The First Circuit decided a case answering the novel question of whether an employer can be held liable for sex discrimination under Title VII of the Civil Rights Act of 1964 "when it terminates a worker whose job performance has been maligned by a jilted co-worker intent on revenge?"  The court answered yes.  If: 1) the coworker acted, for discriminatory reasons, with the intent to cause the plaintiff's firing; 2) the co-worker's actions were in fact the proximate cause of the termination; and 3) the employer allowed the co-worker's acts to achieve their desired effect though it knew (or reasonably should have known) of the discriminatory motivation.  Thus a male manager who was fired after he rejected a female co-worker, and married human resource manager's sexual advances, could pursue the claim beyond summary judgment.

http://lawprofessors.typepad.com/gender_law/2014/05/revenge-for-rejected-sexual-advances-actionable-sex-discrimination-under-title-vii.html

Equal Employment, Workplace | Permalink

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