United States Eighth Circuit
Fuller v. Fiber Glass Sys., L.P., 09-2732
In an action under 42 U.S.C. section 1981 and Title VII of the Civil Rights Act of 1964 claiming discrimination (non-selection), harassment (supervisor and co-worker), and retaliation, judgment for plaintiff is affirmed where: 1) a reasonable juror could find that plaintiff did not unreasonably fail to take advantage of preventative/corrective opportunities offered by defendant, and thus defendant was not entitled to judgment as a matter of law on the Ellerth-Faragher affirmative defense; 2) the testimony regarding plaintiff's emotional distress was sufficient to allow a reasonable juror to award plaintiff $65,000 in compensatory damages; and 3) any issue with the magistrate judge presiding over the punitive damages portion of the trial was moot.
Appellate Information
- Decided 08/25/2010
- Published 08/25/2010
Judges
- Duane M. Benton
Court
- United States Eighth Circuit