In a recent decision, the Sixth Circuit Court of Appeals upheld
the termination of the executive director of a non-profit
corporation when she failed, over several years, to balance the
budget. In doing so her assertions that she was terminated on
the basis of her sex and that she was held to a stricter standard
than was her male successor were rejected. Gunn v. Senior
Services of Northern Kentucky, No. 15-5320 (6th Cir. Dec. 7,
2015).
Gunn was in 2000 hired as the Executive Director of Senior
Services of Northern Kentucky ("SSNK"); eventually she as
well accumulated the titles of President and CEO. By 2006 the
corporation was operating at a deficit; losses were being covered
by a related endowment. In 2006 the operating deficit was
$101,000 and in 2008 it was $81,653. The Board, in June, 2008,
directed that management's goal was "to react to the
[funding] cuts and achieve a balanced budget in 2009."
Slip op. at 2. Instead, in 2009 the deficit was $93,000,
