A plaintiff who wins a hostile-workplace discrimination suit is only halfway home in winning back pay: She also must show workplace conditions were so bad that she had to quit, says the 3rd Circuit. In accord with rulings from several other circuits, the 3rd Circuit clarified that the Civil Rights Act exempts back pay from recoverable compensatory damages in Title VII cases, so back pay remains an equitable remedy within a court's discretion. And loss of pay isn't an issue if a plaintiff continues working.
December 01, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A plaintiff who wins a hostile-workplace discrimination suit is only halfway home in winning back pay: She also must show workplace conditions were so bad that she had to quit, says the 3rd U.S. Circuit Court of Appeals.
“We hold that a successful hostile work environment claim alone, without a successful constructive discharge claim, is insufficient to support a back pay award,” a three-judge panel held in Spencer v. Wal-Mart Stores Inc., No. 05-2143.
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