Two plaintiffs win at trial and, on appeal, achieve differing results. In the First Circuit, a Title VII plaintiff improves on her win by persuading the court (with an assist from the EEOC as amicus) that the number of employees in the "current or preceding calendar year" - for purposes of setting the damage cap under 42 U.S.C. § 1981a(b)(3) - is based on the number of employees at the time of the act of discrimination, rather than at the time of trial. In the Fifth Circuit, the employee keeps her Equal Pay Act award, but loses a state statutory wage claim.
Updated to September 4, 2019