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By Kyla J. Miller and Erin Dougherty Foley. Seyfarth Synopsis : According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her employer.

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A three judge panel for the 4th Circuit found that subjecting a female employee to false rumors that she had an affair with her boss to obtain a promotion could violate Title VII. Parker v. Reema ConsultingNo 4th Cir. February 8, Plaintiff—a warehouse manager—was good at her job.

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So good, in fact, that she climbed her way to the top at an unmatched speed. Starting as an entry level clerk, over the course of two years she managed to receive six separate promotions that led her to a management role. But as they say—success attracts envy.

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Two weeks after receiving her latest promotion, a male colleague, who had started at the same time as Plaintiff but had trailed behind her in his own advancement, started a rumor that Plaintiff was having an affair with the boss who promoted her. The rumor was not true, yet it spread like wildfire. Soon, the highest ranked manager at the company started engaging in the gossip. Plaintiff brought a claim to Human Resources about the situation.

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According to the Company, they held a meeting with all management, including Plaintiff, to defuse the situation, then ordered all employees participate in sexual harassment training. Despite that, the manager later fired Plaintiff, stating she created a hostile work environment for the employee who started the rumor, and blaming her for insubordination. Plaintiff Ladies seeking sex Lookout Kentucky the company for sex discrimination and retaliation under Title VII, including a claim for hostile work environment.

The District Court tossed the hostile work environment claim—finding that mere bullying and harassment based on the false rumor was not based on her sex. Parker is that her complaint as to the establishment and circulation of this rumor is not based upon her gender but rather based upon her alleged conduct, which was defamed by, you know, statements of this nature.

But that is not a harassment based upon gender. It is based upon false allegations of conduct by her. The rumor stemmed from a male subordinate who was jealous that Plaintiff was advancing quicker than her male counterparts—an idea that by its nature implicated sex. Further, Plaintiff argued that the reaction her superiors had to the rumors—especially the disparate treatment and hostility that resulted from it—further demonstrated how intertwined her gender was to the harassment.

The 4th Circuit agreed. And it is this double standard that subject women, not men, to perceptions that they will sell their bodies to get ahead. In the age of MeToo, it is critical employers stay on top of rulings that implicate hostile work environment claims.

Quashing these types of rumors and ensuring management handle the situation appropriately is critical to avoiding vulnerability to Title VII claims about workplace gossip.

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Miller and Erin Dougherty Foley Seyfarth Synopsis : According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her employer.

Takeaways In the age of MeToo, it is critical employers stay on top of rulings that implicate hostile work environment claims.

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