Chavez

FACTS

Chavez was employed as a registrar at the Armory, a community art center offering various educational programs. Chavez’s boss was Carrie Whitney. Whitney told Slade Bellum, the Armory’s Director of Finance and Operations and Human Resources, that she was considering firing Chavez in spring 2009. Bellum told Whitney to explain to Chavez the deficiencies in her performance and to give her an opportunity to correct them. Whitney met with Chavez on May 20, 2009,1 to explain that she was dissatisfied with Chavez’s performance. Chavez made notes of Whitney’s stated issues and kept the paper by her desk so she could perform her job as Whitney wanted. However, Chavez’s performance did not improve after the meeting.

All dates are referenced in this opinion are in 2009, unless otherwise stated.

2 On Friday, June 19, Scott Ward, the Armory’s executive director, stood in front of Chavez’s desk and said, “Your girls are showing more than usual.” Chavez was shocked and embarrassed and did not know what to say. She thought that she was dressed appropriately and had always tried to “cover up more” by wearing a sports bra and layering clothes with scarves and sweaters. Ward left the…