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Labor & Employment – Sex Discrimination Claim – Retaliation – Daily Hires
By: S.C. Lawyers Weekly staff//April 24, 2023
Labor & Employment – Sex Discrimination Claim – Retaliation – Daily Hires
By: S.C. Lawyers Weekly staff//April 24, 2023
After the plaintiff-longshoreman had an altercation with one of the “headers” who hire workers day by day, she contends the headers retaliated against her by refusing to hire her. While plaintiff was not hired on several days, she was hired on many more days, including hires by the header with whom she had the altercation.
We affirm summary judgment for defendants.
In her EEOC charges, plaintiff alleged workplace harassment and retaliation; however, she did not allege that defendants refused to hire women for certain jobs. Consequently, plaintiff did not exhaust her administrative remedies and could not raise a claim of sex discrimination in hiring for the first time in district court.
Nelson v. Local 1422, International Longshoremen’s Association (Lawyers Weekly No. 003-012-23, 14 pp.) (Per Curiam) No. 22-1456. Appealed from USDC at Charleston, S.C. (David Norton, J.) Marybeth Mullaney for appellant; John Bielski and Wilbur Johnson for appellees. 4th Cir. Unpub.
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