Case details

City discriminated against female lifeguards, plaintiff alleged

SUMMARY

$100000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
pain
FACTS
Between 1992 and 2009, plaintiff Alison Terry, a woman in her 30s, worked as a seasonal lifeguard for the city of San Diego. In 2003 and 2006, she applied for the position of full-time lifeguard, and that both times she was not hired due to what she claimed was the city’s discriminatory hiring procedures. However, the city claimed that Terry was not hired due to her lack of certification. Terry claimed she exhausted all available administrative remedies after being denied the job. Thus, she resigned in 2009 after failing to be hired as a permanent lifeguard. Terry sued the city of San Diego. She alleged the city violated her civil rights and that its actions constituted gender discrimination pursuant to California Government Code. Terry contended that the San Diego Lifeguard Service discriminated against her, denying her the opportunity for a full-time lifeguard position due to her gender. She claimed that the city gave male lifeguards higher ratings than female lifeguards in performance reviews, and also informed only male lifeguards about important classes to take. Terry claimed that as a result, males gained a competitive advantage in the hiring process. She also claimed the city made it more difficult for women to gain certifications, resulting in the low amount of full-time female lifeguards. The city denied all of Terry’s claims, arguing that the hiring of full-time lifeguards is a very competitive process., Terry sought recovery of an unspecified amount in damages for lost earnings she would have earned from the full-time lifeguard position. She also sought recovery of an unspecified amount in damages for her pain and suffering. In addition, Terry sought declaratory relief and injunctive relief, regarding the hiring and promotion of female lifeguards in the city of San Diego. Defense counsel argued that Terry is not entitled to any economic damages since she voluntarily resigned her position.
COURT
United States District Court, Southern District, San Diego, CA

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