“Fuqua and Vontice were both assistant managers at the same Wal-Mart store. Vontice had an arguably worse history of work violations. Both were found to have improperly taken cash advances and both timely paid them back. . . .[E]ach was given thirty days to repay the money and obtain an hourly position at another store.
Refusing to offer an employee a raise due to a pay freeze, and then offering a raise to a similarly situated employee of the opposite sex during the alleged freeze evidences disparate treatment based on sex.
“Defendant contends that . . . due to a freeze starting in late 2008 or early 2009 no merit based pay raises were given to any Sales Managers.” Wojciechowski, 763 F. Supp. 2d at 858. “However, according to Defendant’s own statement of position to the EEOC, [employee], who was promoted to Sales Manager .…
Assigning work only to employees outside the plaintiff’s class raises a genuine question of fact as to disparate treatment.
“She claims that . . . [her employer] told her there was no work available for her. However, [plaintiff] alleges other male employees were assigned work during that time period. . . . Documentation in the record shows a genuine factual dispute about whether [plaintiff] was treated differently than male employees.” Collinson v. Tarver Land…
Ignoring an employee’s complaints about treatment of women, especially when the employee’s supervisor agrees with her evaluation, constitutes evidence of discrimination.
“[Plaintiff] offers evidence of differential treatment based on sex . . . . [S]he was ignored after speaking out about gender issues by CEO Galas and . . . her immediate supervisor . . . agreed with her that there was an unfair, discriminatory culture . . . .” Brock-Chapman, 2013 WL 169177 at