Sunday, September 18, 2011
District court erred in denying backpay to successful Title VII litigant based on finding that $300,000 compensatory damages award was enough to make her whole
The 2d Circuit recently held that the lower court erroneously held that an employee who was awarded $580,000 in compensatory damages on her Title VII claims of gender bias, hostile work environment, and reprisal (which was reduced to the federal statutory cap of $300,000) was not entitled to consideration of backpay because the compensatory damages award would make her whole Bergerson v New York State Office of Mental Health, ___F.3d____( 2d Cir. July 21, 2011).
Mitchell H. Rubinstein