recognizing but affirming grant of summary judgment on discrimination claim brought under the Equal Protection Clause by teacher against principal of the school where she was employed
How later courts described this case
- recognizing but affirming grant of summary judgment on discrimination claim brought under the Equal Protection Clause by teacher against principal of the school where she was employed
- holding that, in equal protection cases, unlike in Title VII cases, intent to discriminate must be shown
- discrimination claim under the Equal Protection Clause “must show an intent to discriminate because of [plaintiff’s] status as a female and not because of characteristics of her gender which are personal to her…. If this distinction – subtle as it is – is not maintained, any consensual workplace romance involving a state supervisor and employee which soured for one reason or another could give rise to equal protection claims if the employee simply alleges that his or her supervisor’s conduct during the term of the romance constituted ‘sexual harassment’”
- absent intent to discriminate on the basis of sex, a “consensual workplace romance involving a state supervisor and employee which soured for one reason or another ... [does not] give rise to equal protection claims if the employee simply alleges that his or her supervisor’s conduct during the term of the romance constituted ‘sexual harassment’ ”
Written by the judges who cited it.
The opinion
CUDAHY, Circuit Judge,
concurring.
I concur in the result and in the opinion except for the parts of Section II. C. which do not purport to rely on the “welcome” nature of the advances.