The Equal Employment Opportunity Commission (EEOC) contends Ephraim McDowell Health, Inc. (EMH), a not-for-profit hospital based in Danville, Kentucky violated Title VII of the Civil Rights Act of 1964 when it denied a female employee a promotion due to her sex. After the employee filed a discrimination charge, EMH retaliated against her by terminating her. In March, the EEOC filed a lawsuit against EMH that seeks back pay, front pay, compensatory damages, and punitive damages, as well as injunctive relief in their lawsuit.
Gender discrimination and retaliation prohibited
According to the lawsuit, a female employee was told by the hospital’s CEO that she would not be chosen for an administration position at the Fort Logan Hospital in Stanford, KY based on her sex. The CEO believed that men work better with men. He thought it was better for a male to have the position. The male employee who was hired in the position did not have all the education required for the position, but the female employee did meet all educational requirements. She was instead appointed to a lower-paying position that reported to the male employee who was promoted. Later, she was fired.
Promotion decisions should not consider gender
Using gender as a basis for promotion decisions is highly illegal per federal law. It has been for 40 years. One EEOC attorney called it “appropriate” that this lawsuit was filed during Women’s History Month (March). Decisions for promotions should be based on the person’s ability to do the job. The EEOC hops that this lawsuit ensures that female applicants are judged by their education and experience, not their gender.
Closing the gender gap
Pew Research Center found that women tend to believe that employers still treat women differently than their male counterparts, which can account for the pay gap between men and women. It also notes that women still lag in leadership positions in government and business. The law prohibits discrimination based on gender or sex in any aspect of employment. The EEOC offers guidelines for employers and employees on its website.
Dawn Brotherton is a Sr. Staff Writer at The American Genius with an MFA in Creative Writing from the University of Central Oklahoma. She is an experienced business writer with over 10 years of experience in SEO and content creation. Since 2017, she has earned $60K+ in grant writing for a local community center, which assists disadvantaged adults in the area.
