Takeaway: An offhand comment can be used as evidence in support of an allegation of discrimination. Decision-makers should be well-equipped to handle the hiring or promotion process.
The 1st U.S. Circuit Court of Appeals partially revived the plaintiff's sex discrimination claim, holding that a decision-maker's statement pondering whether a woman would be well-suited for the position raised a factual dispute regarding the reason for the employer's promotion decision. The 1st Circuit found that the plaintiff's "mosaic" of evidence, precluded summary judgment on the claim that she was denied a promotion because of her sex and was "just enough to warrant a jury trial."
The plaintiff began working for the Post Office in 1998 and was promoted through the ranks until reaching the role of Level 18 postmaster by 2018. In January 2018, at age 58, she applied for an open Level 20 postmaster position in Durham, N.H. Her supervisor, the Post Office operations manager for the region, interviewed the plaintiff for the position. A 36-year-old man was ultimately hired for the role. The plaintiff's supervisor cited relevant experience as the justification for hiring the male employee.
Later in 2018, the plaintiff applied for another open Level 20 postmaster position in Somersworth, N.H. Her supervisor again conducted the interview, commenting that she "was not sure that they'd ever had a woman in Somersworth before, and she wondered how that would work out." A 53-year-old man was...
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