Actors from the pornographic film industry are often the victims of unfair treatment in the workplace when they leave their film careers and attempt to find another kind of employment. A particularly striking example of this type of discrimination was recently the basis of a lawsuit by a former porn actress claiming that Southwestern Oregon Community College had breached their contract and subjected her to sexual discrimination in violation of Title IX of the Higher Education Act of 1965.
The allegations of the lawsuit
The plaintiff claimed that the faculty and administration of Southwestern Oregon Community College (SWOCC) subjected her to repeated harassment based upon her prior involvement in sex work. The harassment consisted of hostile comments made in class by the woman’s instructors and additional assignments that were not given to other students.
The court agreed that these allegations stated a claim for damages under Title IX because they advanced a stereotype about the kind of woman who was suited for the nursing profession. The plaintiff also asserted that this discrimination constituted a breach of the contract for employment between the plaintiff and SWOCC. The school dismissed the plaintiff from the nursing program in 2018.
The trial
The trial judge allowed both the Title IX claim and the breach of contract to be submitted to the jury. The jury rejected the Title IX claim, but it found that the school had breached its contract with the student because it violated its own policies against sex discrimination, education records policy, and policy on unlawful harassment.
The jury awarded a total of $1.7 million in damages.
Next steps
Because of the unique allegations made by the plaintiff, SWOCC is likely to appeal this decision (assuming the trial court rejects its motion for a new trial). The plaintiff is unlikely to see any of the money that SWOCC is required to pay her for many months.
This case does teach a useful lesson: discrimination takes many forms, and many people suffer needless humiliation and workplace stress caused by discriminatory acts (or failure to act). Anyone who feels they have suffered unlawful discrimination may wish to consult an experienced employment lawyer for an analysis of the situation and an opinion on the likelihood of recovering damages for unlawful discrimination.