United States Fourth Circuit

In suit alleging that plaintiff was wrongfully discharged from her position as a sales manager in retaliation for filing a complaint of employment discrimination with the E.E.O.C., awards of damages applying statutory cap, backpay and attorney fees are modified as to backpay and attorney fees where the district court undervalued the amount plaintiff earned in mitigation, and where there was an absence of evidence to support the hourly rate used.

Appellate Information

• Argued 03/15/2007
• Decided 06/12/2007
• Published 06/12/2007

Judges

• Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Martin Tata, Hunton & Williams, Norfolk, Virginia, for Appellant.  John Michael Loeschen, Roanoke, Virginia, for Appellee.   ON BRIEF:  Wendy C. McGraw, Hunton & Williams, Norfolk, Virginia, for Appellant.