United States Fourth Circuit

In a Title VII sex discrimination suit alleging that the plaintiff's former employer offered her a less favorable severance package than that offered male employees holding similar positions, the district court's dismissal for failure to allege an "adverse employment action" is reversed and the case remanded, where: 1) the district court erred in dismissing on the theory that the discriminatory denial of a noncontractual employment benefit cannot constitute an adverse employment action; and 2) it was not necessary to allege that the employer made its purportedly discriminatory severance offer before it terminated her employment.

Appellate Information

• Decided 03/16/2012
• Published 03/16/2012

Judges

• Diana Gribbon Motz

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Mark Dennis Dix, Jeffrey Lee Mincks