Downtown Lawyer

After working as a sales representative for three years at C.H. Robinson Worldwide, Ingrid Reeves sued the company for allegedly subjecting her to a hostile work environment in violation of Title VII. Reeves alleged she was subjected daily to gender-specific vulgarities (“bitch,” “fucking bitch,” “fucking whore,” “crack whore,” and “cunt”) from her male co-workers. She stated they also talked within ear-shot about masturbation and bestiality and often listened to a Howard Stern-like radio show loaded with sexual references. The trial court dismissed Reeves’s claims. The trial court found that the language and sexual comments were not directed at her specifically. Because the offensive behavior was not motivated by her gender, the trial court held that Reeves had no Title VII claims.

On appeal, the Eleventh Circuit Court of Appeals initially reversed the trial court’s ruling, holding that Reeves had presented a jury question about whether the offensive conduct was based on her sex. In 2009, the court vacated that ruling and agreed to rehear the case en banc. In a unanimous ruling, the court held that a jury could reasonably find that the offensive conduct was “humiliating and degrading” to women specifically, stating as follows:

Instead, a jury reasonably could find that it was a workplace that exposed Reeves to disadvantageous terms or conditions of employment to which members of the other sex were not exposed. Title VII was plainly designed to protect members of a protected group from adverse conditions of employment like those Reeves alleges were endemic to C.H. Robinson.

The court further noted that referring to a female as a “bitch” is “firmly rooted in gender” and that such language “is humiliating and degrading based on sex” regardless of the intended target.

For the full story, click here.

Breanna Lewis v. Heartland Inns of America, L.L.C., No. 08-3860.

Facts

Heartland Inns of America, L.L.C. (“Heartland Inns”), operates a group of hotels in Iowa. In July 2005, Breanna Lewis began working for Heartland Inns. Over the next year and a half, Lewis successfully filled several positions related to guest services. Lewis received multiple commendations from her direct supervisors and two merit based pay raises. On December 14, 2006, Lewis was hired to work a full-time position at the front desk of the Ankeny hotel from 7:00 a.m. to 3:00 p.m., after her supervisor at Ankeny, Lori Stifel, received permission from Barbara Cullinan, Director of Operations for Heartland Inns.

After seeing Lewis, Cullinan told Stifel that Lewis was not a “good fit” for the front desk because of her lack of “prettiness” and the “Midwestern girl look.” Lewis describes her appearance as “slightly more masculine” and notes she prefers to wear loose fitting clothing and avoid makeup. Stifel refused to move Lewis to a night-time position because Lewis had been doing “a phenomenal job at the front desk.” Stifel was asked to resign, and she informed Lewis of Cullinan’s comments regarding her appearance.

Cullinan required Lewis to attend a second interview, and Lewis told Cullinan that she believed her interview was being required only because she did not have the “Midwestern girl look.” Cullinan and Lewis discussed some of the recent policy changes made by Heartland Inns, such as banning smoking and pets, and how such changes might affect revenue. Cullinan encouraged Lewis to share more of her views on the policies and took notes. Three days later, Lewis was fired. The termination letter she received stated that she had “thwart[ed] the proposed interview procedure” and shown “host[ility] toward Heartland’s most recent policies.”

Lewis filed suit against Heartland Inns, asserting she was terminated for not conforming to sex stereotypes in violation of Title VII and Iowa Civil Rights laws. Heartland Inns moved for summary judgment, which the trial court granted because Lewis had failed to produce evidence that she was treated differently than similarly situated males.

Appeal

On appeal, the Eighth Circuit Court of Appeals noted that, to survive summary judgment, Lewis must present evidence that (1) she was a member of a protected group, (2) she was qualified to perform the job, (3) she suffered an adverse employment action, and (4) circumstances permit an inference of discrimination. Once she has presented a prima facie case of discrimination under Title VII, Heartland Inns must produce a legitimate, nondiscriminatory reason for its employment action. Then Lewis must prove that Heartland Inn’s proffered reason is pretextual.

The court noted that the prima facie requirement under Title VII is a “flexible evidentiary standard” that was “never intended to be rigid, mechanized, or ritualistic.” Quoting the Supreme Court, the court wrote, “The principal focus of [Title VII] is the protection of the individual employee, rather than the protection of the minority group as a whole.” The court overruled the trial court’s holding that Lewis must produce evidence that she was treated differently than men, noting that a reasonable factfinder could find that (1) Lewis was fired because she lacked the “Midwestern girl look” and (2) Heartland Inns’ reason for termination was pretextual. Accordingly, the case was reversed and remanded.