Title VII requires that employers exercise due care to prevent sexual harassment of their employees by customers. The EEOC prevailed at trial on just such a claim, winning a $250,000 verdict for a woman shelver who - a jury found - was stalked for over a year by a male customer, while Costco took inadequate measures to protect her. The Seventh Circuit upholds the verdict, and even remands the case back to the district court for award of more back-pay relief.
The Sixth Circuit affirms a jury verdict for an in-house lawyer in Tennessee, including $92,000.00 in compensatory damages and $18,184.32 in backpay. The court holds that the jury could have found that the employer violated the Americans with Disabilities Act (and state law) duty to accommodate, by failing to allow a ten-week period of telecommuting during the lawyer's pregnancy bedrest.
The Sixth Circuit, in a split decision, remands a Title VII retaliation case for a new trial on back pay, and reconsideration of prejudgment interest - holding that the winning plaintiff was conclusively entitled to a greater recovery. It's a reminder to lawyers: whether you're trying a back-pay claim to a jury (as in this case) or to a judge, make sure to offer W-2s or other evidence to substantiate the amount, and to argue methodically for prejudgment interest.
The Ninth Circuit becomes the fourth court of appeals to recognize tax gross-up awards to successful Title VII plaintiff, which recognize (and compensate for) the tax penalty that plaintiff suffer when they receive lump sums of back pay in a single tax year.
The Sixth Circuit holds, in an opinion that potentially expands remedies for Title VII claimants, that a back-pay award may include amounts that an employee could have earned from alternative employment, had the employer not engaged in discrimination or retaliation. Nonetheless, the court holds that the employee in this particular case failed to prove that she suffered such damages.
A long-running disparate impact case challenging promotions of firefighters to the ranks of Lieutenant and Captain is remanded by the Sixth Circuit for a third trial to award back pay, and the panel reassigns the case to a new judge for good measure. The panel has valuable things to say about how to calculate monetary make-whole relief. It also affirms injunctive relief, and appointment of a monitor, to purge the city's violation.
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.
A senior executive wins a jury trial for retaliation under the ADEA and Massachusetts state law, with an award of back and front pay, emotional distress damages and liquidated (double) damages. The First Circuit substantially preserves the judgment against the employer and affirms injunctive relief to restore plaintiff to the company's benefit plans, though it tamps down the compensatory damage award on grounds of excessiveness.
The Eleventh Circuit affirms a jury verdict for the employee in a pregnancy discrimination case, and restores $80,000 in back pay damages that the district court erroneously vacated. The case goes to demonstrate that not all discrimination cases involve malice or animus - in this case, the decision appears to have been motivated by a misguided maternalism.
Two appeals reviewing jury trials in Title VII cases came down today. In the first, the plaintiff - a physician - wins two claims at trial (retaliation and constructive discharge, centered on claims of racial discrimination), but loses the latter claim on appeal, necessitating a remand for recalculation of damages. In the second, the plaintiff lost her sex discrimination and retaliation trial, but the Seventh Circuit vacates and remands, criticizing the unnecessarily complicated and inaccurate jury verdict and instruction forms.