Pittington v. Great Smoky Mountain Lumberjack Feud, LLC

Pittington worked for Lumberjack for five months before he was fired for supporting his wife (a Lumberjack employee) in her sexual harassment complaint. Before being fired, Pittington was demoted, had his hours reduced, and was made to work in an unheated shack without a chair previously provided for Pittington's medical condition. Pittington sued, alleging that Lumberjack's actions were based on his disability and involvement in his wife’s complaint. Pittington presented evidence of his earnings and of his subsequent employment history and sought $40,632.50 in back pay. The jury found violations of Title VII and the Tennessee Human Rights Act; the court directed a verdict in favor of Lumberjack on Pittington’s ADA claim. The jury declined to award compensatory or punitive damages and awarded $10,000 in back pay. The court declined to award front pay, increase the award, or hold a new trial on damages. Concluding that the 10% interest rate that Pittington requested would create an undue windfall, the court awarded compound prejudgment interest at the rate set forth in 28 U.S.C. 1961(a), 0.66%. The Sixth Circuit reversed. Plaintiffs who prove that they were fired in violation of Title VII are presumptively entitled to back pay for the amount they would have earned had they not been unlawfully terminated and an award of prejudgment interest is nearly always appropriate. A court must grant a new trial on damages when a jury awards a Title VII plaintiff back pay substantially less than the damages to which he is indisputably entitled. View "Pittington v. Great Smoky Mountain Lumberjack Feud, LLC" on Justia Law