Back v. Hastings on Hudson Union Free School District
United States Court of Appeals for the Second Circuit
365 F.3d 107 (2d Cir. 2004)
Elana Back (plaintiff), a probationary school psychologist, received excellent evaluations from her supervisors Wishnie and Brennan (defendants) both before and after taking maternity leave. As her tenure review approached, however, the supervisors began voicing doubts that a young mother like Back could remain devoted to the job or would keep working as hard once tenured. Shortly after, Back received her first negative evaluation, and the superintendent (defendant) terminated her probationary appointment based on that evaluation. Back sued under 42 U.S.C. § 1983, claiming the defendants violated her equal-protection rights by acting on gender-based stereotypes about mothers. The district court granted summary judgment for the defendants, and Back appealed.
Whether an employment decision based on the stereotype that young mothers are less devoted to their jobs constitutes unconstitutional gender-based discrimination under the Equal Protection Clause.