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Female coach sprints toward trial on sex stereotype discrimination claim

June 2020 employment law letter
Authors: 
Kelly Smith-Haley, Fox, Swibel, Levin & Carroll, LLP

It’s 2020, yet sex stereotyping and differential treatment are still issues many applicants face when they interview with employers. A recent case from the U.S. 7th Circuit Court of Appeals (whose decisions apply to Illinois employers) provides important guidance on what sex stereotyping and differential treatment can look like. HR managers tasked with hiring, furloughing, and terminating employees during the COVID-19 pandemic will want to read the recap to ensure they aren’t letting gender stereotypes influence their decisions.

Out of the running

Molly Joll co-coached the boys’ and girls’ cross-country teams at Thomas Jefferson Middle School in Valparaiso from 2005 to 2013. In 2013, she resigned the position to better support her daughters in their high school and college running careers.

By 2014, her older daughter’s career required less of Joll’s time, and she applied to be the assistant coach for the girls’ high school cross-country team. The high school hired a younger man for the job, but it invited her to apply for the same position on the boys’ team. She applied, but the post also went to a younger man.

Joll sued the Valparaiso school district alleging sex discrimination under Title VII of the Civil Rights Act of 1964. The trial court entered judgment in the school district's favor without a trial. She appealed to the 7th Circuit.

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