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Recent Jury Verdicts And Settlements

Published by on April 16, 2008

TX — State trooper formerly part of governor’s security detail wins racial discrimination and retaliation lawsuit.  The jury awarded $520,000 in lost wages and $100,000 for mental suffering.  His attorneys are expected to seek $260,000 in fees and costs.  (Additional coverage here.) CA — 9th Circuit Court of Appeals upholds $600,000 jury verdict for prison guard […]

TX — State trooper formerly part of governor’s security detail wins racial discrimination and retaliation lawsuit.  The jury awarded $520,000 in lost wages and $100,000 for mental suffering.  His attorneys are expected to seek $260,000 in fees and costs.  (Additional coverage here.)

CA — 9th Circuit Court of Appeals upholds $600,000 jury verdict for prison guard subjected to sexual harassment by inmates.

NM — EEOC announces $250,000 settlement of race discrimination case against Coca-Cola Bottling Co.

According to the EEOC,

“The resolution follows a favorable ruling by the U.S. Court of Appeals for the 10th Circuit, which established an important legal doctrine known as “subordinate bias” theory. . . .

The district court had said that the BCI official who actually terminated Peters was unaware of his race. However, the 10th Circuit found that a jury might reasonably conclude that Peters’ termination was based on his race because there was evidence that one of his supervisors, Cesar Grado, treated African Americans more harshly than other employees. The EEOC asserted that Grado made racial remarks about African Americans.

In a published opinion, 450 F.3rd 476 (10th Cir. 2006), the appeals court observed, “In making the decision to terminate…the human resources official relied exclusively on information provided by Mr. Peters’ immediate supervisor, who not only knew Mr. Peters’ race but allegedly had a history of treating black employees unfavorably and making disparaging racial remarks in the workplace.”

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