The 8th U.S. Circuit Court of Appeals recently held that punitive damages are inappropriate and unwarranted in cases where an employer makes “sufficient good faith efforts” in addressing and reconciling an employee’s claim for harassment. Dominic v. DeVilbiss Air Power Co., No. 06-3236 (8th Cir. 2007). Specifically, the court stated, “When an employer promptly and conscientiously responds to complaints of harassment or discrimination with good faith efforts, punitive damages are not warranted.” The court relied on Kolstad v. American Dental Ass’n, 527 U.S. 526 (1999), an earlier U.S. Supreme Court decision. Employers across the country should take note of this decision and its implications.

In Dominic, an employee claimed he was sexually harassed by his female supervisor and retaliated against after complaining to management. Company officials investigated the employee’s claims, eventually finding that although the supervisor engaged in improper conduct, the evidence did not warrant her termination.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]