Sempowich v. Tactile Systems Technology, Inc., No. 20-2245 (4th Cir. 2021)
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In 2007, Tactile hired Sempowich — a woman. In 2014, Tactile promoted Sempowich — then 49 years old — to be the regional sales manager, supervising a team of up to 15 people. Later that year, Tactile hired Seeling — 46-year-old man — as the regional sales manager for another region. In 2018, Sempowich was notified that she would no longer be a regional manager. Her region was reassigned to Seeling. She could retain her base salary in a newly-created marketing position, which she regarded as a demotion. She did not accept the position and was terminated.
In Sempowich’s suit, alleging Title VII discrimination, retaliation, and Equal Pay Act claims, the parties disputed whether she me the company’s performance goals, the district court granted Tactile summary judgment. The Fourth Circuit vacated. Viewing the evidence in the light most favorable to Sempowich, there is an issue of material fact as to whether Tactile’s asserted expectations were legitimate or genuine. Sempowich presented substantial evidence that they were not. The district court also erred in applying the same-actor inference, under which if the plaintiff’s “hirer and the firer are the same individual and the termination of employment occurs within a relatively short time span following the hiring, a strong inference exists that discrimination was not a determining factor.”
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