Gerner v. County of Chesterfield, Va.
674 F.3d 264
4th Cir.2012Background
- Gerner, Director of Human Resources Management, worked for Chesterfield County since 1983 and received positive performance reviews.
- On December 15, 2009, County officials announced her position was eliminated due to a re-organization and offered a severance package contingent on voluntary resignation and waiver of claims.
- Gerner declined the offer; the County terminated her employment effective December 15 without severance or benefits.
- She filed a Title VII action alleging sex discrimination for receiving a less favorable severance package than male comparators.
- The district court dismissed, holding that the severance offer did not constitute an actionable adverse employment action; Gerner appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can denial of a non-contractual severance be an adverse action? | Gerner asserts discrimination through a non-contractual severance. | County argues severance is not an actionable employment action under Title VII. | Yes; discriminatory denial of non-contractual severance can be adverse action. |
| Is severance tied to the employment relationship under Hishon? | Severance may be part of the employment relationship even if not contractually guaranteed. | Severance must be a contractual or mandatory benefit to be actionable. | Hishon allows non-contractual benefits to support a Title VII claim. |
| Did the timing of the severance offer matter for adversity? | Plaintiff remained employed when offered severance; timing supports a claim. | Timing is irrelevant once terminated; no actionable prejudice. | Timing and post-termination offers can still constitute adverse action. |
| Does Title VII protect former employees from discriminatory post-employment actions? | Title VII protects current, potential, and former employees from discrimination. | Limitation to current employment actions suffices. | Title VII protects former employees from discriminatory post-employment actions. |
Key Cases Cited
- Hishon v. King & Spalding, 467 U.S. 69 (U.S. Supreme Court 1984) (benefits part of employment may be discriminatory even if not contractual)
- Trans World Airlines, Inc. v. Thurston, 469 U.S. 111 (U.S. Supreme Court 1985) (adverse action can arise from discriminatory terms of employment)
- Leibowitz v. Cornell Univ., 584 F.3d 487 (2d Cir. 2009) (non-contractual benefits can be actionable discrimination)
- Paquin v. Fed. Nat'l Mortg. Ass'n, 119 F.3d 23 (D.C. Cir. 1997) (denial of benefits can support Title VII claim)
- DiBiase v. SmithKline Beecham Corp., 48 F.3d 719 (3d Cir. 1995) (non-contractual benefits can be adverse action)
- Cunico v. Pueblo Sch. Dist. No. 60, 917 F.2d 431 (10th Cir. 1990) (discrimination in benefits can be actionable)
- Judie v. Hamilton, 872 F.2d 919 (9th Cir. 1989) (recognizes discrimination in employment actions beyond current employment)
- Robinson v. Shell Oil Co., 519 U.S. 337 (U.S. Supreme Court 1997) (covers protection of former employees under discriminatory actions)
- EEOC v. Firestone Fibers & Textiles Co., 515 F.3d 307 (4th Cir. 2008) (Title VII protects against discrimination in employment terms)
- Gulino v. N.Y. State Educ. Dep't, 460 F.3d 361 (2d Cir. 2006) (broad interpretation of 'individual' under Title VII)
- EEOC v. SunDance Rehabilitation Corp., 466 F.3d 490 (6th Cir. 2006) (mere offer of separation agreement can be discriminatory failure if action taken)