It's rare for a federal court of appeals to toss a defense jury verdict in an employment-discrimination case, and rarer still for the panel to order entry of a judgment in favor of a plaintiff. Yet both things happened in yesterday's Seventh Circuit decision, which held that a group of female paramedic applicants proved they were unlawfully screened out of employment due to an unreliable physical-skills entrance examination.
The Sixth Circuit reviews and affirms a $75,000 jury verdict for a job applicant whose employment background check was negligently performed, but vacates an award for punitive damages, under the Fair Credit Reporting Act (FCRA). The case involves a scenario where an applicant's common first and last names triggered a false criminal report.
Here's a nice, short decision affirming a judgment of $25,200 in compensatory damages and $65,274.64 in back pay for an ADA plaintiff fired because of his insulin-dependent diabetes. The court underscores that the question of "essential function" under that statute is a factual one for a jury to resolve. And the court also holds that starting a business, even one that fails, is a valid method of mitigating damages.
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.
Is There Title VII "race" discrimination if the two competing candidates identify as "white"? The Second Circuit holds that this scenario may state a claim where one of the candidates is deemed to be of "Hispanic" ethnicity.
The Sixth Circuit affirms a $300,000 judgment for the male victim of same-sex harassment under Title VII. The panel underscores the imperative for employers to be vigilant against complaints of sexual contact, even when the conduct (in a male-dominated workplace) might be characterized by some as "horseplay."
Sometimes state law and state courts provide advantages over a federal forum. Exhibit A: today's 5-2 decision from the Missouri Supreme Court, remanding an age-discrimination case for a new trial owing to evidentiary and discovery errors, particularly exclusion of evidence of discrimination against There, older coworkers and denial of a deposition of the chairman and CEO.
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.
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.
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.