Gerner v. County of Chesterfield, VA

Plaintiff brought this action, alleging that her former employer, the County, unlawfully discriminated against her by offering her a less favorable severance package than that offered to male employees holding similar positions. The district court dismissed the complaint. The court held that the district court erred in dismissing plaintiff's complaint on the theory that the discriminatory denial of a non-contractual employment benefit could not constitute an adverse employment action; the district court's alternative rationale for dismissing the complaint, that she suffered no adverse employment action because the County fired her before it made its allegedly discriminatory offer, also failed because it ignored the well-pleaded factual allegations in the complaint and because Title VII protects both current and former employees from discriminatory adverse employment actions. The court granted leave to the district court to consider, in the first instance, two additional arguments raised by the County. Accordingly, the court reversed and remanded. View "Gerner v. County of Chesterfield, VA" on Justia Law