A federal jury in Des Moines, Iowa this week rendered a verdict in favor of a female employee who claimed she was unlawfully fired because she was too "tomboyish".
According to court records, Heartland Inns of America hired the plaintiff as a night auditor in July 2005. The plaintiff was successful in that position and in December 2006 the plaintiff's on-site manager promoted her to a day shift front desk position. Heartland's (off-site) director of operations approved the promotion "sight unseen", but later directed that the plaintiff be returned to her previous position. After an internal dispute arose regarding in which position to place the plaintiff, the plaintiff was allowed to re-interview for the day shift front desk position. The plaintiff was subsequently terminated for allegedly thwarting the company's hiring procedures and for her hostility. A factual dispute existed whether the decision to terminate the plaintiff was motivated by her appearance, which was described as "slightly more masculine", "tomboyish" and an "Ellen DeGeneres kind of look".
This case had already been up before the U.S. Court of Appeals for the Eighth Circuit. On January 21, 2010, the Eighth Circuit held that employment decisions based on sexual stereotypes violate Title VII and remanded the case to the district court for the trial that just concluded. Lewis v. Heartland Inns of America, L.L.C., 591 F.3d 1033 (8th Cir. 2010).
The line between sexual discrimination based on orientation, which is not yet prohibited by federal law, and discrimination "because of sex" can be difficult to draw. What impact does this decision have on employers desiring to require specific appearance standards? Can an employer legally decide it doesn’t want to employ "tomboys"?