United States First Circuit

It is error to cut off, as a matter of law, the ability of a successful Title VII plaintiff to receive further back pay or front pay once he is fired for misconduct from the position he takes after leaving the discriminatory employer. Here, however, plaintiff failed to show that the discriminatory employer's unlawful conduct caused his inability to mitigate damages.

Appellate Information

• Decided 04/16/2004
• Published 04/16/2004

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• U. Charles Remmel, II, with whom Jennifer A. Archer and Kelly, Remmel & Zimmerman were on brief, for appellant/cross-appellee., Eric J. Uhl, with whom Moon, Moss, McGill & Shapiro, P.A. was on brief, for appellee/cross-appellant.