Where a former employee for a government contracting agency alleged she was subjected to a hostile work environment based on her sex, but the majority of the alleged conduct was not because of her sex, and the single sex-based statement was not “severe or pervasive,” the claim was dismissed.
Background
Kimberly Schubin is a former female employee of Axseum Inc., a government contracting agency. In her complaint, Schubin brings a claim for, among other things, hostile work environment under Title VII of the Civil Rights Act of 1964. Schubin relies on three main factual allegations to support her claim.
First, Schubin alleges that Axseum suppressed her salary in comparison to her male counterparts. Second, Schubin alleges that Michael Perez, the CEO commented on how a head of household should earn more than someone who does not serve that role. Third, Schubin describes how Perez would become aggressive with Schubin by yelling at her and accusing her of trying to steal the company right before she was fired.
Axseum argues that Schubin has failed to plead a prima facie case for hostile work environment. Specifically, Axseum argues that Perez’s conduct was not based on sex, that it was not severe or pervasive and that it is not imputable to the company.
Salary
In support of her hostile work environment claim, Schubin points to the fact that Axseum suppressed her salary because of her sex. To be sure, disparate pay constitutes a form of discrimination; however, case law...
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