In Sassaman v. Gamache, the federal Second Circuit Court of Appeals (covering eastern states including New York) sent to trial an employee's claim that he was constructively discharged on account of his sex. The employee in this case accused his female supervisor of sexual harassment. During an investigation, it was claimed that an employer representative allegedly told plaintiff that he would be terminated unless he resigned because "you probably did what she said you did because you're male." The plaintiff resigned and filed the lawsuit for sex discrimination. The court held that the alleged statement "you're male" was direct evidence of an "invidious sex stereotype," and the failure to conduct a thorough investigation was circumstantial evidence of discriminatory intent sufficient to require a jury trial. It was noted that the matter was never referred to the employer's EEO officer who normally investigated such claims.
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Inadequate investigation requires trial of alleged harasser's wrongful discharge claim
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