Dive Brief:
- A California jury on Monday cleared retailer Levi Strauss of sex discrimination charges filed by a former executive (Bois v. Levi Strauss & Co.), finding she did not prove her sex and pregnancy were substantial motivating factors for her lack of promotion.
- The executive, who was hired as a manager in 2012 and promoted to director level by 2017, alleged in a June 2023 complaint that she was passed over for further promotions due to her pregnancy, gender, and age, while eight other colleagues with less or equal experience in the role were promoted around her. She also alleged violations of the Equal Pay Act.
- Last July, a judge tossed the worker’s age discrimination and equal pay claims, finding she provided no evidence for the former and the latter law did not apply, but allowed the other claims to proceed to a trial.
Dive Insight:
The former executive, who resigned from her role in 2023, filed her lawsuit under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act and the California Equal Pay Act. It proceeded to trial on several Title VII and FEHA claims, with the other charges being thrown out.
The jury reached its verdict after a brief deliberation, according to court documents.
In her complaint, the former executive alleged her manager passed her over for a promotion shortly after she disclosed her pregnancy, saying the decision was due to her “work capacity,” which she took to be a thinly veiled reference to her pregnancy and the subsequent leave and obligations of raising an infant.
In a response to the complaint filed with the court in July 2023, Levi Strauss denied these allegations, along with the others; however, the judge found genuine dispute of material fact warranting a trial.
The outcome is somewhat unusual for an employment law case. Employers often choose to settle in advance of a trial, due to the trial’s potential cost and the perception that jurors tend to side with employee plaintiffs — among other reasons.
HR Dive coverage of recent jury verdicts includes a $300,000 award for a SkyWest Airlines parts clerk who endured sexual harassment (brought down from $2.7 million), a $22.1 million award to a Wells Fargo director who was laid off after a work-from-home accommodation request, and a $12.7 million award to a Catholic worker who was refused a religious exemption for a COVID-19 vaccination and then fired.
Neither Levi Strauss & Co. nor an attorney for the plaintiff immediately responded to requests for comment.
