This week, a male laboratory technologist filed a lawsuit under Title VII alleging he was denied a promotion and wrongfully terminated for inadvertent HIPAA violations, because of his sex. Harrell lists the following as evidence of sex discrimination: He applied for a clinical supervisor position, which was ultimate given to a female (less qualified, claims Harrell). Female employees were permitted more travel to off-site locations.
As for his retaliation claim, Harrell alleged that at some point in 2013 or 2014, Harrell’s supervisor acquired a book entitled “Lean In: Women, Work and the Will to Lead” and passed the book around to female employees but did not provide him with a copy. Harrell complained to HR about not receiving this book, and alleges that was the real reason he was terminated, and not the HIPAA violation that he essentially admitted to committing, albeit unintentionally. Harrell’s Complaint does not allege that he asked for the book and was denied a copy, but simply, that his supervisor did not provide him (or other male employees) with a copy.
While I do not advocate for unequal treatment of employees based on protected status, I find it hard to understand how it is evidence of sex discrimination if a female supervisor gives to female employees a book dedicated to the success of females in the workplace. It is fair for the supervisor to assume, I would submit, that female employees would have an interest in the book more so than male employees. Is this really any different than a marathon-running boss sharing a copy of the latest Runner’s World magazine with office employees who are known runners, while not seeking out known couch potatoes?
In his request for relief, Harrell seeks reinstatement, lost wages and benefits, and other various categories of damages. Notably, he does seek a copy of Sandberg’s book.