United States Eleventh Circuit

In a Title VII action alleging a racially discriminatory failure to promote plaintiff, judgment for plaintiff is affirmed in part where there was ample evidence of racial discrimination specific to three of the promotions at issue, suggesting that defendant's proffered reasons were pretextual. However, the judgment is reversed in part where: 1) the evidence was insufficient to support a finding of discrimination or retaliation as to the remaining six promotions; 2) the jury's backpay award was plainly a cumulative figure reflecting each of the promotions, and thus a remand for recalculation was required; and 3) clarification was also required as to a portion of a permanent injunction requiring that plaintiff be instated to a "comparable position" pending her promotion.

Appellate Information

• Decided 02/23/2010
• Published 02/23/2010

Judges

• MARCUS, Circuit Judge:, Before MARCUS, FAY and ANDERSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Dorman Walker, Balch & Bingham, LLP, Montgomery, AL, Ed R. Haden, David R. Boyd, Balch & Bingham, LLP, Birmingham, AL, for Defendants-Appellants., Robert L. Wiggins, Jr., Daivd R. Boyd, Wiggins, Childs, Quinn & Pantazis, P.C., Birmingham, AL, for Plaintiff-Appellee.