The Eighth Circuit affirms a $250,001 judgment - $1 compensatory and $250,000 punitive damages - for a black "deckhand on the Cora, a barge that dredges sand from the Arkansas River," whom a jury found suffered a racially hostile work environment caused by his foreman.
The Seventh Circuit affirms a jury award of $50,000 compensatory and $250,000 punitive damages in a Title VII retaliation case. The jury could have found, based on conflicting testimony, that the employer fired the plaintiff just two weeks after she filed an EEOC sex-harassment charge, based on an unsubstantiated complaint - reported by the alleged harasser himself - of a minor work-rule violation.
The Sixth Circuit chalks up a big win for the EEOC, affirming a jury verdict for four employees awarding compensatory and punitive damages totaling over $1.5 million. The court upholds the rule that telling a sexually-harassing supervisor to cut-it-out is protected "opposition" activity under Title VII, and will support a claim for retaliation. The opinion also highlights the kind of trouble employers can get into when they fail to treat temporary employees as a full-fledged part of the workforce.
For anyone under a misimpression that our nation has totally vanquished racial discrimination in employment, the Second Circuit today affirms a $1.32 million compensatory award by a jury to an African-American employee subjected to scarifying harassment at a steel plant. It also upholds a punitive-damage verdict, though it orders a remittitur of the award of no more than a 2:1 ratio with compensatory damages (about $2.65 million).
The Ninth Circuit, ruling en banc, overrules a prior panel decision and holds that the BMW of N. Am., Inc. v. Gore, 517 U.S. 559 (1996), ratio test for excessiveness of punitive damages is essentially unnecessary for evaluating a capped award under Title VII governed by 42 U.S.C. § 1981a(b)(3)(D).
In this case, a white employee sues and wins at a jury trial over a claim that he was terminated by his employer for speaking up - in support of African-American coworkers - against a racially-hostile work environment. The Eighth Circuit affirms a judgment of $60,000 compensatory damages and $30,608 in back pay in his favor, but refuses him reinstatement or front pay.
The Fifth Circuit, in a 10-6 en banc decision, affirms a jury verdict in favor of the government on a male iron worker's claim that he was sexually harassed by a male supervisor on a nearly-daily basis at his worksite, the Twin Spans bridges between New Orleans and Slidell, Louisiana. The full court considers what an employee must prove to establish that a hostile-work-environment is "because . . . of sex," and whether the incident here was severe or pervasive. Meanwhile, the six dissenters between them contribute four separate opinions, lashing out at every aspect of the majority's interpretation of the record and Title VII law.
In a review of a $17 million jury verdict in an age discrimination case (significantly reduced by the district court judge), the Fifth Circuit issues an important decision about who gets to decide the award for future pension benefits - the bench or jury - and whether the monetary equivalent of such benefits is subject to doubling as "liquidated damages" under the ADEA. It also deviates from recent case law of other circuits in holding that a $100,000 emotional distress damage award cannot be sustained without medical testimony.
The Seventh Circuit substantially affirms a judgment in favor of the EEOC on a hard-fought ADA reasonable accommodations case, concerning an employee forced to work beyond his medical restrictions. The judgment included an award of $100,000 in compensatory damages, $200,000 in punitive damages, and $115,000 in back pay, plus an injunction on AutoZone's anti-discrimination practices.
As we approach the final stretch of 2011, I can report two more appeals of race discrimination cases where the plaintiffs (more or less) came out on top. In the Fifth Circuit, the panel reverses summary judgment in a Title VII reverse-race termination case, finding that the plaintiff succeeded in building a plausible claim that her employer lied about the reasons for her termination. And in the Eleventh Circuit, a now-15 year-old, § 1981 case - which took an intervening trip to the U.S. Supreme Court - comes to what may be its final resting place, with the plaintiff keeping a winning verdict and judgment, while losing $1 million in punitive damages.