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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Pivirotto v. Innovative Systems, Inc., 191 F.3d 344 (3d Cir. September 7, 1999)

Keywords: Title VII (sex discrimination, wrongful termination, prima facie case)

Introduction: Patricia Pivirotto sued Innovative Systems, Inc. (ISI), under Title VII for sex discrimination after she was terminated. The jury found in favor of ISI. The Third Circuit affirms.

Facts: In May 1996, ISI hired Gary Fiedler as its Chief Operating Officer. Within one month, Fiedler terminated Jose Garcia and promoted Pivirotto to the position of Director of North American Sales. One week later, Fiedler terminated Pivirotto because she had a "tendency to blame others" and she was "driving a wedge between sales and marketing." Pivirotto was not replaced, but her duties were assumed by an existing male employee.

Law:

1. Jury instructions
   1. The district court erred in instructing the jury that Pivirotto had to prove as part of her prima facie case that she was replaced by a male.
   2. The court also discusses at footnote 1 the propriety of charging the jury on the elements of the McDonnell Douglas framework.
   3. Regardless of the error with respect to the jury instructions, the Court holds that under the facts of this case the error was harmless.
   4. The Court also questions the propriety of giving a jury instruction regarding at will employment in an employment discrimination case. See footnote 2.
2. Click here to see actual case.