A usually reliable defense in federal court employment cases is the legitimate, nondiscriminatory reason, but recently, that defense turned out not to be enough in a sex discrimination claim.
As a refresher, an employee who believes she was not selected for a given position because of her race or sex – or any other protected characteristic, for that matter – can establish a prima facie case of discrimination at the summary judgment stage using the commonly used McDonnell Douglas method. To do so, she must demonstrate that (1) she is a member of a protected class, (2) she was qualified for an open position, (3) she was not selected for the position, and (4) someone who is not a member of her protected class was selected for the position even though he had similar or lesser qualifications than her. Employers frequently argue that the plaintiff’s case should be dismissed because one of those four elements cannot be established. But, companies also rely on “fallback arguments.” In these arguments, employers suggest that summary judgment should be entered in their favor – even if the employee is able to establish a prima facie case – because the company had legitimate nondiscriminatory reasons for its actions. For example, an employer might explain that it selected a male candidate for a job transfer over a equally qualified female candidate because the female candidate was so good at her old job that production would suffer if she were to be transferred to another position. Legitimate nondiscriminatory reason arguments are usually an effective way of winning summary judgment. This is so because, once an employer has made such an argument, it is up to the employee to demonstrate that the employer’s stated reason for choosing another candidate over her is pretextual, and this is frequently difficult to do. Recently, however, in a case before the U.S. District Court for the Southern District of Indiana, an employee was able to avoid summary judgment by suggesting pretext. In Vallee v. State of Indiana/Department of Transportation, the defendant argued that it had a legitimate nondiscriminatory reason for choosing a male candidate for a field job over a female candidate. It explained that the male candidate had “an expressed desire for the type of work involved” whereas the female candidate “wanted a desk job.” This argument might have been a winner. But, the district court rejected it – largely because it appears it was not sufficiently developed. As a result, the plaintiff survived summary judgment. Vallee demonstrates that, while it may be difficult for plaintiffs to defeat legitimate nondiscriminatory reason arguments, it is not impossible – particularly if those arguments are not as thoroughly developed as they might be. And, in order to full develop the defense in court, employers are well-advised to make sure they can articulate the reasons for the decisions at the time they are made.Indiana Plaintiff Defeats Legitimate Nondiscriminatory Reason Defense
RELATED ARTICLES
Indiana Counties Enact and Extend Face Covering Requirements
July 1, 2020 | Currents - Employment Law, Employee Health Issues
St. Joseph County, Indiana, Issues Requirements For Restarting Business
May 6, 2020 | Currents - Employment Law
Reopening in Indiana—The Governor Says You’ll Need A Safety Plan
May 5, 2020 | Currents - Employment Law, Employee Health Issues
Are COVID-19 Claims Compensable Under Indiana’s Occupational Disease Act?
March 23, 2020 | Currents - Employment Law, Employee Health Issues
Indiana Considers New Restrictions on Non-Compete Covenants for Physicians
February 5, 2020 | Currents - Employment Law, Non-competes and Trade Secrets
Indiana Counties Enact and Extend Face Covering Requirements
July 1, 2020 | Currents - Employment Law, Employee Health Issues
St. Joseph County, Indiana, Issues Requirements For Restarting Business
May 6, 2020 | Currents - Employment Law
Reopening in Indiana—The Governor Says You’ll Need A Safety Plan
May 5, 2020 | Currents - Employment Law, Employee Health Issues
Are COVID-19 Claims Compensable Under Indiana’s Occupational Disease Act?
March 23, 2020 | Currents - Employment Law, Employee Health Issues
Indiana Considers New Restrictions on Non-Compete Covenants for Physicians
February 5, 2020 | Currents - Employment Law, Non-competes and Trade Secrets
Indiana Raises Penalties To Over $132K For Knowing Violations Resulting In Death
April 30, 2019 | Currents - Employment Law, Employment Lessons
ICE Raids on 7-Eleven Franchise Stores Result in 21 Arrests
January 12, 2018 | Employment Lessons, High Stakes Employment Issues, Currents - Employment Law
Indiana Follows Illinois in Key Noncompete Decisions from the Heartland
September 5, 2014 | Letter of the Law, Non-competes and Trade Secrets, Currents - Employment Law
Seventh Circuit Judges Grill State Attorneys on Gay Marriage
August 28, 2014 | Employment Discrimination, Currents - Employment Law
U.S. District Court Strikes Down Indiana’s Ban On Same-Sex Marriage
June 27, 2014 | Employee Health Issues, Currents - Employment Law
Have You Double-Checked The Language Of Your Non-Compete Lately? If Not, You Need To...
March 26, 2014 | Non-competes and Trade Secrets, Currents - Employment Law
Untimeliness, Hearsay, and Failure to Link Alleged Negative References and Third-Party Job Rescissions to Protected Activity Doom Employee’s Retaliation Claim
November 1, 2013 | Employment Discrimination, Currents - Employment Law
Social Media Policy Provides Legitimate, Nondiscriminatory Reason for Termination
September 25, 2013 | Employment Discrimination, Social Media and Technology, Currents - Employment Law
Indiana Court of Appeals Upholds the Enforcement of a Five-Year Non-compete Agreement
July 26, 2013 | Non-competes and Trade Secrets, Currents - Employment Law
Unverified EEOC Filing Not Good Enough, Says Northern District of Indiana
September 12, 2012 | EEOC, Employment Discrimination, Pregnancy, Currents - Employment Law
What Does the Supreme Court’s Ruling Mean to Indiana Employers?
July 10, 2012 | Traditional Labor, Currents - Employment Law
Indiana Ranks 13th In EEOC Charges Received by State
May 22, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center