United States Second Circuit

In an employment discrimination action, the District Court did not err in dismissing plaintiff's prevailing wage claim, denying him punitive damages, or in denying his motion for a new trial with respect to damages, where: 1) the Davis-Bacon Act bars third-party private contract actions, brought under state law, aimed at enforcing the Act’s prevailing wage schedules, because such claims are clearly an impermissible end run around the Act; 2) there was no evidence by which a jury could reasonably conclude that defendant's conduct was driven by an evil motive or intent, or that it involved a reckless or callous indifference to plaintiff's federally protected rights; and 3) the jury could have reasonably concluded that plaintiff had not proven actual damages as a result of defendant's discriminatory conduct.

Appellate Information

• Decided 06/13/2013
• Published 06/13/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel