Spencer v. Town of Bedford

The plaintiff alleges employment discrimination because of her coworkers’ and superiors’ aversion to her identity as a gay woman. Her claim is not weakened insofar as she alleges discrimination because she is gay and because she is female. She cites examples of mistakes attributed to her that wouldn’t have amounted to unsatisfactory performance if she were a heterosexual male: She identifies a discriminatory pay scheme and heterosexual male employees who committed infractions but were never disciplined.

The plaintiff also alleges that she made multiple complaints to her supervisor about discrimination, and her termination occurred only two days after her second complaint. Her complaints referenced not only her sexual orientation but also her sex.

Thus, the plaintiff’s claims of intentional discrimination and retaliation survive dismissal.

Spencer v. Town of Bedford, No. 6:18cv31, Nov. 2, 2018. WDVA at Lynchburg (Moon).

Categories: Opinions, U.S. District Court - Western District of Virginia

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