In June of 2013, the United States District Court for the Western District of Kentucky heard a case involving a Louisville Sex Discrimination and Hostile Work Environment case involving a man as the plaintiff. (See Stanley v. Central Kentucky Community Action Counsel, Inc., 2013 WL 3280264 (W.D. Ky. 2013)).
This court granted defendant’s motion for summary judgment for the following reasons. The facts of this Louisville Sex Discrimination and Hostile Work Environment case are as follows. Plaintiff is an African American male who worked as an employment specialist for the defendant. Id. Plaintiff worked from March of 2008 until July of 2010 when he was terminated. Id. Plaintiff had a female supervisor who would make comments about her husband and men in general that were demeaning. Id. The comments were never made towards plaintiff. In late February 2009, plaintiff filed his first complaint about this female supervisor. Id. He also sent an email to the female supervisor detailing his complaints. On July 341, 2009, plaintiff was given a written reprimand by this female supervisor for his behavior at a personnel meeting. Id. (It is at this time that plaintiff should have contacted a Louisville Sex Discrimination and Hostile Work Environment lawyer and not have waited till the end.)
Plaintiff then told another supervisor about the situation and a meeting was set up to address these issues, but, it was never held. Id. From September 2009 through February 2010, plaintiff continued to draft complaints to his other supervisor about the female supervisor. Id. Also, plaintiff felt he was being watched as he departed the office. He was also told to turn down his radio. He was the lone black male employee in his group.
On May 5, 2010, plaintiff filed his first EEOC charge alleging sex discrimination, retaliation and denial of a promotion. Shortly thereafter it was alleged that plaintiff was making rude and crude remarks about the female supervisor behind her back. Based on these comments that were supported by co-workers, plaintiff was terminated on July 29, 2010. Id.
Plaintiff’s first claim of sex discrimination is that of ‘reverse discrimination.’ To establish a prima facie case of sex discrimination under Title VII, a plaintiff must show 1) he is a member of a protected class, 2) he was qualified for the job, 3) he experienced an adverse employment action, and 4) he was replaced by someone outside of the protected class or persons outside the protected class were treated more favorably.” (cites omitted). Based on the evidence presented, the court held that plaintiff had not shown that the defendant treated similarly situated female employees differently from him. Id. There is no evidence that such bad treatment of plaintiff was based on his gender. The female supervisor had similar discussions about leave requests and such with other female workers. Id. Further, the Louisville Sex Discrimination and Hostile Work Environment court found that the defendant did offer a legitimate nondiscriminatory reason for its termination of plaintiff.
Next, the court looked at the hostile work environment claim. A prima facie case for such needs to show that 1) he is a member of a protected class, 2) he was subject to unwelcome harassment, 3) the harassment was based on his sex, 4) the harassment created a hostile work environment, and 5) the employer failed to take reasonable care to prevent and correct any harassing behavior.” (cites omitted). As to this count, the court found that plaintiff did not show that the female supervisor’s remarks were abrasive treatment toward him motivated by his gender. There was significant proof that she treated female coworkers also poorly.
Finally, as to the retaliation claim, the court did not find any evidence to support that claim either. The defendant offered a legitimate reason for plaintiff’s firing. And plaintiff could not show that the proffered reasons had no basis in fact, that the proffered reasons did not actually motive the action, or that they were insufficient to motivate the action in order to show and establish pretext. Thus, this count within the Louisville Sex Discrimination and Hostile Work Environment case was dismissed as well.
If you have been the subject of a Louisville Sex Discrimination and Hostile Work Environment lawyer case, please call and speak to a Louisville Sex Discrimination and Hostile Work Environment lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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