Monday, August 15, 2005

Title VII - gender discrim. - p/f case

Hugh v. Butler County YMCA - Third Circuit - August 12, 2005
http://www.ca3.uscourts.gov/opinarch/041459p.pdf

Summary judgment for Defendant/employer reversed. Plaintiff made out prima facie case of gender discrimination - member of protected class

- qualified for the job from which she was discharged
- others not in protected class were treated more favorably P was fired for alleged poor performance, although she was never warned or counseled, as employer handbook required.

P was replaced by a man, at a higher salary

ER's claim that P wasn’t qualified for the job rejected.

P didn’t have college degree, as job description set out, but ER hired her knowing that, and she performed well in the job.

P produced evidence that suggested discriminatory motives by the employer.

Donald Marritz, staff attorney
MidPenn Legal Services - Gettysburg

>