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2006 CLE: Retaliation Claims After Burlington Santa Fe v. White
The Equal Employment Opportunity Commission has filed a lawsuit against a Harley-Davidson dealer in San Francisco alleging sex discrimination. The suit alleges that a qualified female mechanic was constantly passed over for mechanic positions in favor of less qualified males.
Dudley-Perkins Co., reportedly one of the oldest Harley dealers in the country, hired Bowen Dean as a mechanic in June 2003. Instead of honoring the contract and assigning her mechanic duties, the suit alleges Dudley-Perkins installed her into customer service and bookkeeping roles. Ms. Dean complained to her management, but nothing was done. Two and half years later, Ms. Dean filed a complaint with the EEOC alleging gender discrimination. Two months later, Ms. Dean was fired. Ms. Dean said she has been working on Harleys since she was 9 years old and dreamed of being a Harley mechanic. Ms. Dean pointed out that 12% of all Harleys are bought by women, and she argued that if women can buy and ride them, they should be allowed to fix them.
The suit was filed in Federal District Court only after a conciliation process failed. In other words, the EEOC tried to reach a settlement with Dudley-Perkins prior to the suit, but no settlement was reached.
Women have historically faced strong sex discrimination when attempting to break into traditionally male fields. Unfortunately, Ms. Dean’s situation is not unique or unexpected, nor is Dudley-Perkins alleged reaction unique. As the article stated, two months after Ms. Dean complained of discrimination she was fired. This kind of timing strongly suggests retaliation. Employees hesitate to assert their rights precisely because they fear this type of adverse employment action. And it occurred in a well-known culturally liberal city. If this type of discrimination exists in a progressive enclave, it is evidence of how much progress women still have to make to achieve equality of opportunity.
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