Jump to Navigation

Posts tagged "Back Pay"

Clemens v. Qwest Corp., No. 15-35160 (9th Cir Nov. 3, 2017)

The Ninth Circuit becomes the fourth court of appeals to recognize tax gross-up awards to successful Title VII plaintiffs, which recognize (and compensate for) the tax penalty that plaintiffs suffer when they receive lump sums of back pay in a single tax year. 

Szeinbach v. The Ohio State Univ., No. 15-3016 (6th Cir. Apr. 20, 2016)

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.

Howe v. City of Akron, No. 14-3352 (6th Cir. Sept. 17, 2015)

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.

Miller v. Raytheon Co., No. 11-10586 (5th Cir. May 2, 2013)

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.

Trainor v. HEI Hospitality, No. 12-1152 (1st Cir. Oct. 31, 2012)

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.

Holland v. Gee, No. 11-11659 (11th Cir. Apr. 17, 2012)

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.

Nassar v. Univ. of Texas Southwestern Med. Ctr., No. 11-10338 (5th Cir. Mar 8, 2012); Cook v. IPC Int'l Corp., No. 11-2502 (7th Cir. Mar. 8, 2012)

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 plainiff 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.

Bergerson v. Office of Mental Health, No. 10-1040 (2d Cir. July 21, 2011)

Here's a lesson that some must re-learn, even twenty years after the passage of the 1991 Civil Rights Act that reformed the remedial provisions of Title VII: compensatory damages are an entirely seperate kind of relief from make-whole back- and front-pay. The Second Circuit reverses a judge's order denying make-whole relief on the ground that the jury award of $300,000 in compensatory damages (for pain, suffering and loss of reputation) was enough.

subscribe to this blog's feed subscribe to this blog's feed

tell us about your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

facebook twitter linked in

our office locations

Outten & Golden LLP
685 Third Avenue, 25th Floor  
New York, NY 10017  
Phone: 212-245-1000
Map and Directions

Outten & Golden LLP
161 North Clark Street
Suite 1600
Chicago, Il 60601  
Phone: 312-809-7010
Map and Directions

Outten & Golden LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Phone: 415-638-8800
Map and Directions

Outten & Golden LLP
601 Massachussetts Avenue NW
Second Floor West Suite 
Washington, DC 20001
Phone: 202-847-4400
Map and Directions