if a hostile work environment does not rise to the level where one is forced to abandon the job, loss of pay is not an As ADA damages are coextensive with Title VII damages see the issue.” — Comment to Instruction 9.4.1 the ruling from appears to be applicable to Title VII Spencer — hostile work environment cases. Thus, back pay will not be available in an action in which Instruction 5.1.5 is given, because the plaintiff has not raised a jury question on a tangible employment action.
if a hostile work environment does not rise to the level where one is forced to abandon the job, loss of pay is not an issue.” As ADA damages are coextensive with Title VII damages — see the Comment to Instruction 9.4.1 — the ruling from Spencer appears to be applicable to Title VII hostile work environment cases. Thus, back pay will not be available in an action in which Instruction 5.1.5 is given, because the plaintiff has not raised a jury question on a tangible employment action.
5_Chap_5_2017_March_.docx