The lower court found in favor of the defendant on the grounds of discrimination and retaliation. According to the court of appeals, the lower court applied the wrong legal standard to the plaintiff’s claims of sex discrimination and retaliation. The court, therefore, reversed and remanded the ruling.
Group Decision:
In the case of Thompkins v. Morris Brown College, it would be considered a case of “Gender-Plus” Discrimination. A situation of gender-plus discrimination is when “an employer places additional requirements on employees of a certain gender but not on employees of the opposite gender.” Gender-plus discrimination violates Title VII of the Civil Rights Act of 1964. Our groups agrees with the decision made by the 11th Circuit Court of Appeals based upon this principle of “Gender-Plus” Discrimination. Based on the case details, Thompkins was fired because she would not choose between the two jobs that she worked. Contrary, the male faculty that worked two jobs as well, were not required to choose between their jobs.
After reading question 12, it is clearly correct that group 2 nailed the part about being a "Gender-Plus" Discrimination case. It is unlawful to make someone of a certain sex choose something and not demand the same of the opposite sex, but furthermore sad that they could not even file correctly the first time and instead filed a regular gender discrimination claim. Just to play devil's advocate, I would ask group 2 what they think would have happened if this happened prior to the Civil Rights Act of 1964? Would the College get away with it?
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