a finding of unlawful discrimination, backpay should only be “Given denied for reasons which, if applied generally, would not frustrate the central statutory purposes of eradicating discrimination throughout the economy and making persons whole for injuries suffered through past discrimination” (Moody) (pg. 605) Ablemarle Paper Co. v. Moody When employees or applicants for employment have lost opportunity for wages because of unlawful discrimination, what standards should court apply in deciding whether to award or deny back pay? The only special circumstance when employers may be relieved from back pay is when they have violated title vii in good faith compliance with a state law. (Le state law denying overtime to women) Beau - May not award back pay if goes against overriding national policy Lied to bankruptcy court Cannot accrue under 706(g) more than 2 yrs prior to EEOC charge Ford Motor Co v. EEOC Facts were not hired by ford because they were women Ford later offered jobs unconditionally but without seniority. they later lost case, EEOC said women should get backpay and seniority. Reasoning: Although the unemployed need not accept a demoted or demeaning position, he forfeits backpay if he refuses an equivalent job. An employer charged with unlawful employment practices can toll the accrual of backpay by offering job unconditionally, providing opportunity to toll damages. Held: When a claimant rejects the job originally sought his choice signals a belief that his injury was ended by availability of better jobs elsewhere. Accrual of backpay is tolled when claimant rejects the job he originally sought. Notes: Substantially equivalent employment – Job with essentially same promotional opportunities, compensation, job responsibilities, working conditions, and status. Decision to attend school looking for full-time work is not failure to mitigate. Collateral Source Rule: Defendant Generally may not mitigate damages by workman’s comp, or even contribution benefit fund
“Given a finding of unlawful discrimination, backpay should only be denied for reasons which, if applied generally, would not frustrate the central statutory purposes of eradicating discrimination throughout the economy and making persons whole for injuries suffered through past discrimination” (Moody) Ablemarle Paper Co. v. Moody (pg. 605) When employees or applicants for employment have lost opportunity for wages because of unlawful discrimination, what standards should court apply in deciding whether to award or deny back pay? The only special circumstance when employers may be relieved from back pay is when they have violated title vii in good faith compliance with a state law. (Le Beau - state law denying overtime to women) May not award back pay if goes against overriding national policy Lied to bankruptcy court Cannot accrue under 706(g) more than 2 yrs prior to EEOC charge Ford Motor Co v. EEOC Facts were not hired by ford because they were women Ford later offered jobs unconditionally but without seniority. they later lost case, EEOC said women should get backpay and seniority. Reasoning: Although the unemployed need not accept a demoted or demeaning position, he forfeits backpay if he refuses an equivalent job. An employer charged with unlawful employment practices can toll the accrual of backpay by offering job unconditionally, providing opportunity to toll damages. Held: When a claimant rejects the job originally sought his choice signals a belief that his injury was ended by availability of better jobs elsewhere. Accrual of backpay is tolled when claimant rejects the job he originally sought. Notes: Substantially equivalent employment – Job with essentially same promotional opportunities, compensation, job responsibilities, working conditions, and status. Decision to attend school looking for full-time work is not failure to mitigate. Collateral Source Rule: Defendant Generally may not mitigate damages by workman’s comp, or even contribution benefit fund
Employment%20Discrimination%20-%20Morris%20-%20Fall%202013.docx