In October of 2013, the United States District Court for the Western District of Kentucky decided a case that involved two employees who in Louisville claimed hostile work environment, retaliation and wage discrimination and sued her former employer for such. (See Perry v. Autozoners, LLC, 2013 WL 5773046 (W.D. Ky. 2013)). Each plaintiff brought discriminatory termination claims based on race and retaliatory termination.
After the discovery period was over and all the evidence was given to each side, the defendants then moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. Id. Defendants’ Louisville Hostile Work Environment, Retaliation, Wage Discrimination lawyer filed the motion with the court and included the availability of punitive damages.
The court ruled that the plaintiffs had not presented evidence sufficient to carry their burden. Id. The only evidence plaintiffs did put forth is that they were replaced with non-African Americans employees, that both employees that were fired for their participation in the sexual harassment investigation were black, and that a district manager made a comment along the lines of “when will you people learn?” id.
The evidence showed that the two African American plaintiffs were not replaced by two Caucasian employees, rather they were replaced by one white employee and one Hispanic employee. Also, there were other African American participants in the sexual harassment investigation who were not terminated following the conclusion of the investigation. Id.
Further, the court noted that except of one possible comment, there was no other evidence of any racial animus on the part of the defendants and none with regard to any employee of the defendants who may have had the possibility of terminating either plaintiff. Accordingly the court dismissed the case filed by the plaintiffs’ Louisville Hostile Work Environment, Retaliation, Wage Discrimination lawyer.
As to the issue of punitive damages, the court dismissed that issue as well in that punitive damages are not available in employment discrimination cases under the KCRA. Also, the court noted that punitive damages are available when the plaintiffs show that the termination was by a manger, acting within the scope of his employment, and with malice or reckless indifference to the plaintiff. IN that case, the re was no proof of the third element and thus the court dismissed this issue as well.
If you have been the subject of a Louisville Hostile Work Environment, Retaliation, Wage Discrimination case, please call and speak to a Louisville Hostile Work Environment, Retaliation, Wage Discrimination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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