A woman who was fired need not prove that her employer replaced her with a man in order to make out a prima facie case of gender discrimination under Title VII, the 3rd U.S. Circuit Court of Appeals has ruled.
Chief Judge Edward Becker’s opinion in Pivirotto v. Innovative Systems Inc. clarified the appellate court’s position, which may have been obscured, Becker wrote, by the specific facts of earlier employment discrimination cases and by “some occasionally imprecise language in dicta in other cases.”
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