It Happened To Me: Discriminatory Firing

Catharina Costa was a warehouse worker and heavy equipment operator. She worked for the same employer from 1987 to 1994. Ms. Costa was the only woman doing her job. During this time, she endured discriminatory treatment by her supervisors, including receiving harsher discipline as compared to men, being treated less favorably than men did in job assignments, and listening to sex-based slurs directed at her. Finally, when Ms. Costa had enough she, got into a physical and verbal altercation with a male employee. He was placed on a five-day suspension. She was fired.

After fulfilling the requirements of the Equal Employment Opportunity Commission, Ms. Costa sued for discriminatory firing based on her sex on January 4, 1996. Nearly three years later, the jury awarded her $64,377 for financial loss, $200,000 for compensatory damages, and $100,000 in punitive damages.

Her employer appealed on the basis that there was clear cause to fire her because she got into a fight with a coworker. The appeals court upheld the jury verdict for Ms. Costa. Ms. Costa's employer appealed again — this time to the U. S. Supreme Court. The Supreme Court agreed to hear Ms. Costa's case, and it was argued before the Supreme Court on April 21, 2003. And on June 9, 2003, the Supreme Court affirmed the appeals court's judgment. Even though Ms. Costa had engaged in unprofessional behavior, she was able to prove that her sex was also a motivating factor in her termination. She won her case in the nation's Supreme Court!