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Parting words: Severance package sparks lawsuit


SKU: ELBso124. Category: .


Abstract: Can an employer’s offer of a severance package constitute an adverse employment action? That was the question in a case heard by the U.S. Court of Appeals for the Fourth Circuit. Here the plaintiff sued her employer for gender discrimination under Title VII of the Civil Rights Act of 1964, claiming she’d been offered a less favorable severance package than similarly situated male employees. The district court found that "the terms and conditions of the severance package do not constitute an actionable adverse employment action under Title VII" — but this article explains why the Fourth Circuit felt otherwise. Citation: Gerner v. County of Chesterfield, No. 11-1218, March 16, 2012 (4th Cir.); Hishon v. King & Spalding, No. 82-940, May 22, 1984 (Supreme Court)

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