A federal appeals court this month ruled in favor of the plaintiff in an employment discrimination case that addresses common defenses and legal issues that arise in Title VII, Equal Pay Act, and related laws. The U.S. Court of Appeals for the Fourth Circuit issued its decision in Sempowich v. Tactile Systems Technology, Inc., No. 20-2245 (4th Cir. Dec. 3, 2021), and its legal analysis instructive for employees and employment discrimination lawyers on a number of issues.
The plaintiff-appellant (Sempowich) was represented by the Noble Law Firm and the defendant-appellee (Tactile Systems) was represented by Stinson LLP. The Equal Employment Opportunity Commission (EEOC) participated as amicus curiae supporting the plaintiff-appellant.
Talk with an employment discrimination lawyer to learn more about these issues if you have experienced discrimination or retaliation at work.
The case involves an employee, Tracy Sempowich, who worked with Tactile Systems Technology for many years in a number of roles, including regional sales manager. A key issue addressed by the appellate court is whether Sempowich had met Tactile System’s job performance goals.
Tactile Systems claimed Sempowich did not meet the goals and that her insufficient job performance spanned multiple years. Conversely, Sempowich presented evidence showing that the company “consistently viewed her as a top performer.” For example:
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