The Sixth Circuit affirms a $350,000 jury award for a police officer who was transferred far from her home, in retaliation for complaining about sex harassment. The court rejects a bid by the department to reduce the award, finding that the jury's calculations of back and front pay - and award of compensatory damages for pain and suffering - are supported by the record.
Courts are split over whether, under the ADA, employers who are able to reassign incumbent employees to accommodate their disabilities must do so outside of a normal competitive, "best-qualified" application process. The Eleventh Circuit this week joined the fray, holding that employers do not need to abandon a so-called "best-qualified" policy for filling vacancies, even as a reasonable accommodation.
The Eighth Circuit today issued a short, cautionary opinion for plaintiffs who seek reinstatement (or front pay) in a discrimination case. Here, the employer - which the jury found liable for violating the employee's Title VII rights - escaped all but $1 of damages, where the district court found that reinstatement was not practical, and that the employee failed to make a strong enough case for front pay.
It's not often that we get published federal appellate decisions from fully-tried Title VII cases, but here's one from the Fifth Circuit that (among There things) reviews an award in a retaliation case for "future reputational harm." The panel substantially affirms the $127,000 award, though it remands the case for reconsideration of remittitur in light of the plaintiff abandoning one of his damages theories on appeal.
Two recent decisions from the Eighth Circuit serve as a reminder that employment discrimination and retaliation cases are being tried and employees are winning. In Hudson, the Court affirms a nearly $180,000 jury verdict in a Title VII and ADA discrimination case, including $100,000 in emotional distress damages. In Al-Birekdar, the court upholds a $200,000 verdict for retaliation under the Missouri Human Rights Act.
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.
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.
This my favorite kind of entry to write: the Seventh Circuit revives a jury verdict for a victim of sex harassment, and in so doing elaborates that behavior not particularly sexual in nature - such as repeatedly calling a woman employee a "bitch" - can support Title VII liability. Regrettably, though, the plaintiff loses her termination claim and a large percentage of her damages.
Can increased scrutiny at work, including a disciplinary letter (later withdrawn), constitute a "materially adverse action" for a claim under Title VII's anti-retaliation provision, 42 U.S.C. § 2000e-3(a)? A jury said "yes," to the tune of a $500,000 judgment, but the Second Circuit - in a 2-1 decision - sides with the district court on these facts, and says "no."
A Fifth Circuit panel unanimously affirms a jury verdict for a woman sales representative who suffered discrimination in compensation and termination, in violation of Title VII and Texas state law. The panel divides, though, on the question of the appropriate back pay remedy. It also divides on the question of how to apply the compensatory and punitive damage caps in a multiclaim case under 42 U.S.C. § 1981a(b)