Price Waterhouse v. Hopkins
Encyclopedia
Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), was an important decision by the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 on the issue of employer liability for sex discrimination. The Court held that the employer, accounting firm Price Waterhouse, must prove by a preponderance of the evidence that the decision regarding employment would have been the same if sex discrimination had not occurred. The accounting firm failed to prove that the same decision to postpone Ann Hopkins' promotion to partnership would have still been made in the absence of sex discrimination, and therefore, the employment decision constituted sex discrimination under Title VII of the Civil Rights Act of 1964. The significance of the Supreme Court's ruling was that it ignored the assumption that gender stereotyping itself could amount to sex discrimination, and directed its focus towards the issue of liability.

History of the case

The plaintiff, Ann Hopkins, claimed she was postponed promotion to partnership at the firm for two years in a row based on sex-stereotyping against her gender nonconformity. Often co-workers described her as aggressive, fouled mouthed, demanding, and impatient with other staff members. During her evaluation, some written comments made by supervisory personnel stated that what Hopkins needed was a "course in charm school."

After her promotion was postponed for the first year, Hopkins met with the head supervisor of her department, Thomas Beyer, who told her that to increase chances of promotion she needed "to walk more femininely, wear makeup, have her hair styled, and wear jewelry." Hopkins was well qualified for partnership, and frequently outperformed her co-workers. There were ample examples to show that she was denied promotion based on sex-stereotyping. Many male employees said they would not be comfortable having her as their partner because she did not act the way they believed a woman should. Ann Hopkins resigned from the accounting firm when she was rejected for partnership for the second year, and sued Price Waterhouse for violating her rights under Title VII of the Civil Rights Act of 1964. Both the district court and the federal circuit court of appeals ruled in Hopkins favor, but there was disagreement on the level of proof (preponderance of evidence, or clear and convincing evidence) employers needed to provide to support their position after facts showed that sexual stereotyping affected terms of employment. The case was granted a writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...

and heard before the U.S. Supreme Court.
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