Case 3: Lewis v. Heartland Inns of America , LLC, 591 F.3d 1033 (8 th Cir. 2010)

Question

Case 3: Lewis v. Heartland Inns of America, LLC, 591 F.3d 1033 (8th Cir. 2010) (Cross 8th C.P. 22-7, p. 511).

Heartland Inns operates a group of hotels, primarily in Iowa. Brenna Lewis began work for Heartland in July 2005 and successfully filled several positions for the chain for a year and a half before the actions at issue here. She started as the night auditor at Heartland's Waterloo Crossroads location; at that job she worked at the front desk from 11:00 p.m. to 7:00 a.m. There were also two other shifts for “guest service representatives”: the A shift from 7:00 a.m. to 3:00 p.m. and the B shift from 3:00 p.m. to 11:00 p.m. Lewis' manager at Waterloo Crossroads, Linda Gowdy, testified that Lewis “did her job well” and that she had requested a pay raise for her. Heartland recorded two merit based pay raises for Lewis. The record also indicates that Gowdy received a customer comment praising Lewis.

On or about December 7, 2006, Lewis began working various part time front desk shifts at Heartland Inns located near Des Moines, including at Ankeny and Altoona. At both locations she was valued by her direct supervisors. Her manager at the Altoona hotel, Jennifer Headington, testified that Lewis “made a good impression[.]” She offered her a full time night auditor position after receiving telephone permission from Barbara Cullinan, Heartland's Director of Operations. Lori Stifel, Lewis' manager at the Ankeny hotel, testified in her deposition that Lewis did a “great job” in Ankeny, “fit into the [front desk] position really well” and was well liked by customers. Stifel received permission over the phone from Cullinan on December 15 to offer Lewis a full time A shift position. Neither Headington nor Stifel conducted an interview of Lewis before extending their offers, and the record does not reflect that Cullinan ever told them a subsequent interview would be necessary. Lewis accepted the offer for the A shift at Ankeny and began training with her predecessor, Morgan Hammer. At the end of December 2006 Lewis took over the job.

Lewis' positive experience at Heartland changed only after Barbara Cullinan saw her working at the Ankeny desk. As the Director of Operations, Cullinan had responsibility for personnel decisions and reported directly to the general partner of Heartland. She had approved the hiring of Lewis for the Ankeny A shift after receiving Stifel's positive recommendation. After seeing Lewis, however, Cullinan told Stifel that she was not sure Lewis was a “good fit” for the front desk. Cullinan called Stifel a few days later and again raised the subject of Lewis' appearance. Lewis describes her own appearance as “slightly more masculine,” and Stifel has characterized it as “an Ellen DeGeneres kind of look.” Lewis prefers to wear loose fitting clothing, including men's button down shirts and slacks. She avoids makeup and wore her hair short at the time. Lewis has been mistaken for a male and referred to as “tomboyish.”

Cullinan told Stifel that Heartland “took two steps back” when Lewis replaced Morgan Hammer who has been described as dressing in a more stereotypical feminine manner. As Cullinan expressed it, Lewis lacked the “Midwestern girl look.” Cullinan was heard to boast about the appearance of women staff members and had indicated that Heartland staff should be “pretty,” a quality she considered especially important for women working at the front desk. Cullinan also had advised a hotel manager not to hire a particular applicant because she was not pretty enough. The front desk job description in Heartland's personnel manual does not mention appearance. It states only that a guest service representative “[c]reates a warm, inviting atmosphere” and performs tasks such as relaying information and receiving reservations.

In her conversation with Stifel about Brenna Lewis, Cullinan ordered Stifel to move Lewis back to the overnight shift. Stifel refused because Lewis had been doing “a phenomenal job at the front desk[.]” The following week, on January 9, 2007, Cullinan insisted that Lori Stifel resign. Around this time, Heartland informed its general managers that hiring for the front desk position would require a second interview. Video equipment was also purchased to enable Cullinan or Kristi Nosbisch, Heartland's Human Resource Director, to see an applicant before extending any offer. When Lewis' former manager at Altoona, Jennifer Headington, raised a question about the new arrangements, Cullinan answered that “[h]otels have to have a certain personification and appearance.”

Cullinan met with Brenna Lewis on January 23, 2007. At this point Lewis had held the front desk job for nearly a month after Cullinan's initial approval of her hire for the position. The record contains no evidence of any customer dissatisfaction with Lewis or her service. Nevertheless, Cullinan told Lewis at the meeting that she would need a second interview in order to “confirm/endorse” her A shift position. Lewis was aware from Lori Stifel of what had been said about her appearance, and she protested that other staff members had not been required to have second interviews for the job. Lewis told Cullinan that she believed a second interview was being required only because she lacked the “Midwestern girl look.” She questioned whether the interview was lawful, and she cried throughout the meeting.

Cullinan wanted to know who had told Lewis about the comment and asked whether it was Lori Stifel. Thereafter Cullinan talked about the need for new managers when revenue is down like in Ankeny, where Stifel was the manager. Lewis responded that recent policy changes by Heartland, including bans on smoking and on pets, might explain the loss in revenue. Cullinan then encouraged Lewis to share more of her views about the new policies and took notes on what she said. Three days later, Lewis was fired.

Lewis does not challenge Heartland's official dress code, which imposes comparable standards of professional appearance on male and female staff members, and her termination letter did not cite any violation of its dress code. The theory of her case is that the evidence shows Heartland enforced a de facto requirement that a female employee conform to gender stereotypes in order to work the A shift. There was no such requirement in the company's written policies.

In its termination letter to Lewis, Heartland asserted that she had “thwart[ed] the proposed interview procedure” and exhibited “host[ility] toward Heartland's most recent policies[.]” Lewis denies those charges and denies that those were the real reasons for her discharge. There were no customer complaints about Lewis' performance as a desk clerk. Nor had there been any disciplinary action against her before she was fired. Lewis asserts that Heartland terminated her for not conforming to sex stereotypes and contends that this conduct violated Title VII of the Civil Rights Act of 1964.

True and False and why

1. Lewis pursues a disparate treatment discrimination cause of action against Heartland for her wrongful dismissal as the front desk A shift position.

2. Because she is pursuing her discrimination claim in her own name, Lewis must have first submitted her claim to EEOC and received a right to sue letter.

3. Assuming Lewis is a protected class with a valid claim, Heartland would likely win if it used the business necessity defense or the bona fide occupation qualification defense to defend against Lewis’ discrimination claim.

4. If Lewis believed she was being discriminated against based on her sexual orientation, she would not be successful if she pursued her claim under Title VII of the Civil Rights Act of 1964.

5. If Lewis successfully establishes a prima facie case of discrimination but Heartland then provides its evidence to rebut Lewis’ claim, then the burden shifts back to Lewis to prove Heartland’s rebuttal evidence is pretext.

1. Lewis pursues a disparate treatment discrimination cause of action against Heartland for her wrongful dismissal as the front desk A shift position.

2. Because she is pursuing her discrimination claim in her own name, Lewis must have first submitted her claim to EEOC and received a right to sue letter.

3. Assuming Lewis is a protected class with a valid claim, Heartland would likely win if it used the business necessity defense or the bona fide occupation qualification defense to defend against Lewis’ discrimination claim.

4. If Lewis believed she was being discriminated against based on her sexual orientation, she would not be successful if she pursued her claim under Title VII of the Civil Rights Act of 1964.

5. If Lewis successfully establishes a prima facie case of discrimination but Heartland then provides its evidence to rebut Lewis’ claim, then the burden shifts back to Lewis to prove Heartland’s rebuttal evidence is pretext.

Explanation / Answer

1. True, Disparate treatment discrimination was done to her by Heartland

2. False, as only in case of Equal Pay act you are required to first file Charge of Discrimination with EEOC before you can file a job discrimination lawsuit against your employer

3. False. If it is business neccessity then it should have been mentioned in policies of company and should have been justified with facts which Heartland did not had.

4. False, as Title VII prohibits employment discrimination based on race, color, religion, sex and national origin

5. True, as Lewis establishes a prima facie case of discrimination with facts of ex mangers recommendations and customers review then definitely Lewis can successfully establish that Heartland's rebuttal evidence is pretext

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