Wednesday, March 15, 2000
Sex-bias claim to go forward
6th Circuit adds to earlier ruling
BY BEN L. KAUFMAN
The Cincinnati Enquirer
A rare amended opinion on Tuesday expanded a federal court's decision to let a former parochial school teacher pursue her sex-discrimination claim against the Diocese of Toledo.
It touches an issue that arises in every sex-discrimination case: What does being “qualified” for the lost job require?
In Tuesday's case, Leigh Cline said she was fired because she was pregnant when she married. If true, the action was discriminatory.
The diocese says it denied her a new contract at St. Paul's because premarital sex violated her contract.
If so, and male teachers were held to the same standard, it was not illegal discrimination.
U.S. District Judge James G. Carr dismissed her claim, saying Ms. Cline couldn't even make a threshold (prima facie) case of discrimination. To get before a jury, Ms. Cline had to provide evidence that:
• She was pregnant.
• She was qualified for her job.
• She was the victim of a harmful employment decision.
• The damaging decision was based on her pregnancy.
In pretrial battling, the question was not whether she could win, but whether all of those ingredients were present. If they weren't, the diocese was entitled to a summary judgment.
Ms. Cline said a glowing performance review from the year during which her pregnancy showed was evidence that she was qualified.
Instead of accepting that as enough to go to trial, Judge Carr agreed with the diocese that premarital sex disqualified Ms. Cline, and he granted summary judgment to the defense.
In December, a unanimous three-judge panel of the U.S. Court of Appeals for the 6th Circuit in Cincinnati said she had presented a prima facie case and was entitled to a trial.
Tuesday, the 6th Circuit said it again with a multipage elaboration.
“Without considering the "ultimate question' of whether St. Paul's premarital sex policy was applied in a discriminatory way, or whether it was the true reason the school terminated Cline, there is little doubt that Cline made a prima facie case showing that she was meeting St. Paul's legitimate expectations.”
In part, the expanded opinion responded to a diocesan request that the entire 6th Circuit rehear and reverse that opinion and reinstate Judge Carr's ruling.
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