University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Scott Medical Health Center EE-PA-0249
Docket / Court 2:16-cv-00225-CB ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On March 1, 2016, the U.S. Equal Employment Opportunity Commission filed suit in the U.S. District Court for the Western District of Pennsylvania. The Commission, on behalf of a gay male employee, sued Scott Medical Health Center under Title VII of the Civil Rights Act of 1964. The Commission ... read more >
On March 1, 2016, the U.S. Equal Employment Opportunity Commission filed suit in the U.S. District Court for the Western District of Pennsylvania. The Commission, on behalf of a gay male employee, sued Scott Medical Health Center under Title VII of the Civil Rights Act of 1964. The Commission asked the court for a permanent injunction and compensatory and punitive damages. In the complaint, the Commission claimed that the Center engaged in unlawful employment practices in violation of Title VII, including harassing conduct, sex discrimination, and employment termination based on sex. Specifically, the Commission claimed that a male homosexual employee at the Center was subject to a continuing course of unwelcome and offensive harassment from a supervisor, including derogatory name-calling and offensive statements concerning the employee’s sexual practices. The work environment was so hostile that the employee eventually resigned, which the EEOC claimed amounted to a constructive discharge based on sex.

This is a somewhat novel claim, in that the EEOC claimed discrimination based on the employee's sexual orientation was sex discrimination. The employee, by virtue of his sexual orientation, did not conform to sex stereotypes.

Prior to filing suit, the Commission attempted to resolve the discrimination through informal methods. The Commission was unable to secure an acceptable conciliation agreement from the defendant.

On May 9, 2016, the defendant filed a motion to dismiss instead of answering the complaint.

On November 4, 2016, the District Court issued an order denying the defendant’s motion to dismiss. The court rejected the defendant’s claim that Title VII does not protect discrimination on the basis of sexual orientation, holding that “Title VII’s ‘because of sex’ provision prohibits discrimination on the basis of sexual orientation.” 2016 WL 6569233.

On January 5, 2017, the court excused the parties from participation in Alternative Dispute Resolution and set out terms for discovery. The parties are currently engaged in discovery, which is to be completed by April 5, 2017.

Julie Singer - 02/02/2017


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Hospital/Health Department
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
Sexual orientatation
EEOC-centric
Direct Suit on Merits
General
Gay/lesbian/transgender
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Scott Medical Health Center
Plaintiff Description EEOC on behalf of gay male employee
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
click to show/hide detail
  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)
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)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:16-cv-225 (W.D. Pa.)
EE-PA-0249-9000.pdf | Detail
Date: 01/05/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-PA-0249-0001.pdf | Detail
Date: 03/01/2016
Source: PACER [Public Access to Court Electronic Records]
Memorandum Order [ECF# 48] (2016 WL 6569233) (W.D. Pa.)
EE-PA-0249-0002.pdf | WESTLAW | Detail
Date: 11/04/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Bissoon, Cathy (W.D. Pa.)
EE-PA-0249-0002 | EE-PA-0249-9000
Plaintiff's Lawyers Kane, Deborah A. (Pennsylvania)
EE-PA-0249-0001 | EE-PA-0249-9000
Lawrence, Debra Michele (Maryland)
EE-PA-0249-0001
Phillips, Ronald L. (Maryland)
EE-PA-0249-0001 | EE-PA-0249-9000
Defendant's Lawyers McGee, Kyle T. (Pennsylvania)
EE-PA-0249-9000
Saul, Charles H. (Pennsylvania)
EE-PA-0249-9000
Other Lawyers Gonzalez-Pagan, Omar (New York)
EE-PA-0249-9000
Lapidus, Lenora M. (New Jersey)
EE-PA-0249-9000
Mar, Ria Tabacco (New York)
EE-PA-0249-9000
Nevins, Gregory R. (Georgia)
EE-PA-0249-9000
Palmer, Tracie L. (Pennsylvania)
EE-PA-0249-9000
Rose, Sara (Pennsylvania)
EE-PA-0249-9000
Williams, David C. (Pennsylvania)
EE-PA-0249-9000

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