Real Life Story of Wrongfully Denied Promotion

Loretta, Engineering Director-Delray Beach, FL

Loretta was hired by an aircraft equipment manufacturer as an Engineering Business Manager. She was promoted twice, and after returning from maternity leave, she was given the title of Director of Commercial Operations. There was an open "Site Vice President" position at her facility, and she expressed an interest in the position to her supervisor. Her supervisor informed her that she was "the obvious candidate" for the job, "even though women aren't typically in that type of position". The supervisor later changed his mind and hired a man, Joseph, for the position. Joseph then instructed Loretta to move her office closer to her department, at which point she cleaned out her office, left work, and did not return. She filed a lawsuit in federal district court for wrongful denial of promotion. The trial court dismissed her claim after hearing the evidence, but the dismissal was reversed on appeal. Even though the district court found that Loretta was not qualified for the promotion, the fact that her supervisor told her that she was, created an issue that should have been heard at trial by a jury. The surpervisor's statement that women weren't usually in such a position may have proved discriminatory intent.

Wilson v. B/E Aerospace, Inc., 376 F.3d 1079 (11th cir. 2004)

A Real Life Story of Discriminatory Hiring

Catherine, waitress-Miami Beach, FL

Catherine moved from New Jersey to Miami Beach looking to get a job at a well-known restaurant there. However, it was widely believed among restaurant workers in the area that this restaurant did not hire women for its food server positions. Catherine did not immediately apply for a job there, instead waiting until a year after she had moved to Miami Beach, because she knew of the restaurant's discriminatory policy. She and several other women filed a complaint with the EEOC, claiming that they would have applied to work there but were deterred from doing so by the restaurant's policy. The district court found in their favor and awarded Catherine back pay for her loss, and issued an injunction against the restaurant's hiring practices. On appeal, the district court's judgment for Catherine was affirmed, but two of the other women's claims were dismissed for failure to prove that when the complaint was filed they had the "real and present interest in the position" that Catherine had.

EEOC v. Joe's Stone Crabs, Inc., 296 F.3d 1265 (11th Cir. 2002)