In an earlier post, Jessie and Steve discussed Fired Ferne.

Labati is alleging alleging age (ADEA) and sex discrimination (Title VII). These laws are enforced with the EEOC and require filing a charge with EEOC before a private lawsuit may be filed in court. A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights, though this 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law

The adverse employment at issue in Ferne Labati's case was her termination. Labati's EEOC charge was filed on April 28, 2005.

Labati is entitled to protection under the ADEA if she can show she was discriminated on the basis of age (over 40), was replaced by someone outside the protected category, and the termination decision was motivated by the bias/animus. Being replaced by another woman, however, hurts her sex discrimination allegation...unless she can demonstrate sex discrimination based upon Price Waterhouse v. Hopkins, 490 U.S. 228 (1989): a cultural stereotype of how a woman is supposed to conduct herself in the workplace and that her (Labati's) termination was a result not fitting that image.