Gay Farmers Insurance Worker Lacks Sex Bias, Retaliation Proof

A Farmers Insurance Exchange hiring manager’s comment that a gay employee might have a better chance for a future promotion that might not require “a leader” because there were “a bunch of alphas” where that job would be wasn’t direct evidence of sex discrimination, the Tenth Circuit ruled.

The remark fell shy of direct proof that Joshua Thomas’ failure to conform to male stereotypes was the reason he was previously passed over for promotion, because what John Radliff meant was ambiguous, the court said.

That the comment was made while Thomas was seeking feedback on why he had just been ...