Victoria McVey v. Morrie's 394 Hyundai, LLC

Oct 09, 2020

OUTCOME: Verdict

A jury found Morrie’s 394 Hyundai, LLC, liable for retaliation against former employee Victoria McVey and awarded her $200,000 in damages. The jury found two kinds of retaliation: for reporting gender ... discrimination in violation of the Minnesota Human Rights Act and for using personal sick leave benefits to care for her child in violation of the Minnesota Parenting Leave and Accommodations Act. McVey was the dealership’s sole female Parts Counterperson and a top performer when Morrie’s Hyundai terminated her. She alleged that Morrie’s had treated her differently than her male colleagues in the almost three years she worked there. When McVey brought her concerns about gender discrimination to the Human Resources Director, she was accused of being “abrasive” and “difficult to approach.” She was also criticized for her lawful use of family leave time to care for her sick child. Ultimately, Morrie’s fired McVey with no notice or prior reprimands. The jury found that Morrie’s violated McVey’s rights under Minnesota’s human rights and parenting statutes and awarded her $200,000 in damages for backpay, frontpay and emotional distress. The two statutes underlying this case are: (1) the Minnesota Human Rights Act, Minn. Stat. § 363A.08, subdiv. 2 which states “it is an unfair employment practice for an employer, because of . . . sex . . . to . . . discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment,” and § 363A.15, subdiv. 2 which states “[i]t is an unfair discriminatory practice . . . to intentionally engage in any reprisal against any person because that person . . . opposed a practice forbidden under this chapter”; and (2) the Minnesota Parenting Leave and Accommodations Act, Minn. Stat. § 181.9413,which states “[a]n employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.”