Lehigh Valley, Pa. — In a rare public hearing before the Pennsylvania Human Relations Commission (PHRC), Tallman, Hudders & Sorrentino attorneys Steven Hoffman and Edward Easterly successfully represented the City of Bethlehem in its victory concerning a gender discrimination complaint. The PHRC is the state agency charged with investigating and enforcing the Commonwealth’s anti-discrimination laws. Out of 3,337 complaints filed during the 2007-2008 fiscal year, the PHRC found probable cause in only 147 of such cases. Once the PHRC finds probable cause, a complainant has the option of proceeding in court or through a seldomly invoked public hearing process before the PHRC acting in a judicial capacity. Of the 147 cases where probable cause was found, only 21 went to public hearing, including this case.
Kathleen Reese, the City’s former Director of Water and Sewer Resources, brought a complaint of gender discrimination against the City after she was not offered the Utility Maintenance Superintendent position. It was instead offered to the interim superintendent, a male.
After his initial election, Bethlehem’s Mayor Callahan informed Reese that she would not be retained as Director of Water and Sewer in his administration. Reese was allowed to remain in the position on an interim basis until a new director could be nominated and confirmed. While serving in this interim position, one of Reese’s immediate subordinates retired as the Utility Maintenance Superintendent. Reese appointed the most senior employee in the department as the interim superintendent. Reese then applied for the superintendent’s position herself.
Reese contended that she was denied the position because of her gender. She claimed she had better credentials, experience and training than the male who received the position. On behalf of the City, Attorneys Hoffman and Easterly argued that the City followed their hiring protocols by promoting the most senior qualified person in the department. Further, they argued that the City did not hire Reese because it would be disruptive to place a former department head into a subservient position.
On June 23, 2009, the PHRC rejected Reese’s argument and agreed with Hoffman, Easterly and the City of Bethlehem that the City’s reasons were legitimate and non-discriminatory and dismissed Reese’s Complaint. The PHRC further found that Reese was not more qualified that the person who was offered the position.
Attorneys Hoffman and Easterly represent employers in all types of discrimination claims brought before the PHRC, the EEOC and federal and state courts.
# # # # #