What does it take to prove that a glass ceiling exists? Read this discussion of proving a glass ceiling in a sex discrimination case by Lexington, Kentucky employment lawyer Robert L. Abell.

Sex Discrimination - Breaking the Glass Ceiling

What is proof of a glass ceiling showing sex discrimination? The Sixth Circuit provides an example in its case, Conti v. American Axle, No 08-1301 (5/22/09).

Conti claimed that she hit a "glass ceiling" at American Axle, pointing out that she had not received the same salary increases or the same opportunity for advancement and training as her male counterparts. In support of her claim of sex discrimination she pointed to the following: (1) she was promoted to a co-Director position only after American Axle promoted a less-qualified male; (2) not only was she promoted after a less qualified male was he was promoted to a higher salary "band" which allowed him greater to receive larger executive bonuses; (3) another promotion was discriminatory because she received a lower title and less pay than her immediate male predecessor, despite performing essentially the same work. She also claimed that American Axle's discriminatory employment practices reflect the discriminatory attitudes of its CEO, who had written in favor of gender-discriminatory employment practices.

The court also questioned the employer's assertion that Conti's meandering employment path was due to poor or at least checkered job performance, observing that "if she was so incompetent, why was she promoted to a co-Director position in 2003, and then again promoted to a manager position in 2004." These were issues for a jury to decide the court ruled.

Conti's proof would be enough for a reasonable jury to find that sex discrimination was the reason she had hit a "glass ceiling." The characteristics were a history of good job performance and a pattern of decisions and promotions that yielded less for her than for less-qualified male counterparts.



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