Jury: Iowa Hotel Unlawfully Fired ‘Tomboy’ Worker

A federal jury in Des Moines has ruled that an Iowa hotel chain unlawfully fired an employee because of her “tomboy” appearance.

The jury found that Heartland Inns of America fired Brenna Lewis for not conforming to the hotel’s gender stereotypes about how women should look or behave.

Lewis, who had described herself in her lawsuit as “slightly more masculine,” claims she was fired from the company’s Ankeny hotel in 2007 for not conforming to sexual stereotypes and for questioning the company’s changes in hiring policies.

Court records show Lewis had worked for Heartland since 2005 when the company’s director of operations, Barbara Cullinan, hired her for a day-shift, front-desk job in Ankeny. Records show Cullinan approved the hiring over the phone but after seeing Lewis said a second interview was needed. Lewis was fired three days after questioning why a second interview was necessary.

Heartland claimed it fired Lewis for thwarting the interview procedure and was hostile toward new company policies.

Court records show Cullinan said Lewis lacked the “Midwestern” girl look and that hotel staff should be pretty, especially for women working at the front desk.

A telephone message left for Cullinan was not immediately returned.

Lewis, who was described as “tomboyish,” claimed she was fired because she wore loose-fitting clothes, including men’s button-down shirts and slacks. The jury awarded Lewis more than $50,000 in damages.

Lewis’ attorney’s, Andy LeGrant and Mark Sherinian, released a statement following the Nov. 12 verdict that Lewis was grateful for the jury’s consideration and that “the verdict should remind employers everywhere that an employee has the right to question the legality of certain employment actions.”

The verdict followed an 8th U.S. Circuit Court of Appeals decision earlier this year reversing a lower court decision dismissing Lewis’ lawsuit.

The St. Louis-based appeals court said that nothing in Heartland’s personnel manual mentions appearance, only that a guest representative should “create a warm, inviting atmosphere.”

The appeals court wrote in its decision in January that an employer who discriminates against women because they don’t wear makeup or dresses is engaging in sexual discrimination and that companies may not base employment decisions on sex stereotypes.