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Peyton v. DiMario

In hostile work environment case, award in compensatory damages affirmed because court did not abuse its discretion in awarding maximum allowable amount; award of back pay affirmed because employer did not prove plaintiff's failure to mitigate damages.

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Argued February 4, 2002

Monica Peyton, a former employee of the Government Printing Office (“GPO”), brought this action against Michael F. DiMario, in his official capacity as Public Printer of the United States, alleging employment discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. ss 2000e, et seq. Peyton’s hostile work environment claim and retaliation claim were tried to a jury, which issued a verdict for Peyton and awarded her $482,000 in compensatory damages. The district court decreased the compensatory damages award to the statutory cap of $300,000 in accordance with 42 U.S.C. s 1981a(b)(3)(D). The district court further awarded Peyton $78,476.90 as back pay and $377,615.72 as compensation for lost future earnings. The Public Printer (hereinafter referred to as “GPO”) appealed, challenging only the damages and relief awarded. GPO contends the district court abused its discretion by: (1) awarding the statutory maximum in compensatory damages; (2) awarding back pay for a period when Peyton was in school; and (3) awarding future earnings that are unreasonably speculative. We affirm the district court as to its award of compensatory damages and back pay. However we agree with appellant that the future earnings awarded are unreasonably speculative and remand for further proceedings.

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