University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name [Redacted] v. Foxx EE-FL-0164
Docket / Court Agency No. 2012-24738-FAA ( No Court )
State/Territory Florida
Case Type(s) Equal Employment
Case Summary
On December 21, 2012, a Department of Transportation employee filed a complaint with the Equal Employment Opportunity Commission. The plaintiff alleged that he had been discriminated against on the bases of sex and sexual orientation in violation of Title VII. Specifically, the plaintiff alleged ... read more >
On December 21, 2012, a Department of Transportation employee filed a complaint with the Equal Employment Opportunity Commission. The plaintiff alleged that he had been discriminated against on the bases of sex and sexual orientation in violation of Title VII. Specifically, the plaintiff alleged that his employer, the Department of Transportation, failed to select him for a permanent managerial position position after his temporary appointment to the position expired, and that his supervisor, who had made several negative comments about his sexual orientation, was involved in the selection process for the permanent position.

The Agency issued its Final Agency Decision on July 12, 2013. In its decision, the Agency did not consider the complainant's claim on the merits. Instead it decided that the plaintiff should have contacted an EEO counselor within forty-five days of when he learned his position would not be permanent in October, 2010. The complainant appealed the Agency's decision to the EEOC. The Agency also informed the complainant that it would process his sexual orientation discrimination complaint through its internal procedures and not through the EEO complaint process.

On July 16, 2015, the EEOC issued its decision. The EEOC decided that it was not reasonable for the Agency to argue that the complainant should have known he was being discriminated against when he was appointed for the temporary position because the complainant was not treated disparately until his temporary position was not converted to a permanent position two years later.

The EEOC also decided that the Agency erred in treating the complainant's sexual orientation discrimination claim differently from his sex discrimination claim because the question for Title VII coverage of a sexual orientation claim is the same as any other sex-based discrimination claim, whether the Agency "relied on sex-based considerations" or "took gender into account" when taking the challenged employment action. The EEOC decided that sexual orientation is inherently a "sex-based consideration," so discrimination on the basis of sexual orientation is necessarily discrimination on the basis of sex under Title VII.

The plaintiff's claim of discrimination was remanded to the Agency for consideration on the merits and is currently pending.

Katherine Reineck - 03/20/2016


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Transportation
Discrimination-area
Hiring
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Plaintiff Type
Private Plaintiff
Special Case Type
Out-of-court
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Department of Transporation (Federal Aviation Administration)
Plaintiff Description A gay man who was not selected for a permanent position after his temporary position ended
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Unknown
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Decision
EE-FL-0164-0001.pdf | External Link | Detail
Date: 07/15/2015

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