![]() When the unlawfully-discharged employee produces evidence supporting the claim for back pay, the employer may defeat the claim by proving that the employee failed to mitigate damages by seeking comparable work. Roadway Express, Inc., 689 F.2d 481, 489 (4th Cir.1982) (finding this method proper in an ADEA discrimination case). To make the plaintiff whole, the award of back pay should be the difference between what the employee would have earned had the wrongful conduct not occurred from the period of termination to judgment, and the actual earnings during that period. A Title VII plaintiff who is unable to find comparable work is entitled to back pay "as a matter of course" unless the defendant produces evidence that plaintiff did not use reasonable efforts to mitigate damages. Title VII is a broad remedial statute designed to "make whole" victims of discrimination, and the Supreme Court has emphasized that the district courts have broad equitable discretion to award back pay, front pay, and interest to effectuate the statute's remedial intentions. Rigidply notes that Plaintiff received four offers of employment when he sought a full-time position after his surgery and points to Plaintiffs 19 tax returns, on which Plaintiff listed his occupation as "disabled." Rigidply contends Plaintiff is not entitled to back pay from August 1994 until the trial because he did not actively seek employment and had hip surgery. Plaintiff seeks $46,159 in back pay representing the difference between what he would have earned had he not been discharged from Rigidply ($53,007) and his actual earnings ($6,848) from the time of his discharge until the date of the jury's verdict. Based upon his current salary Plaintiff expects to earn approximately $14,000 per year. ![]() Plaintiff remains in each organization's employ, earning approximately $265 per week. From January 1997 until the June 1997 trial, Plaintiff sought work, ultimately obtaining employment as a church custodian and at a Food Lion supermarket. In August 1996, Plaintiff had hip surgery, and was unable to work until January 28, 1997. From October 1995 through August 1996, Plaintiff and his wife managed a local diner which did not pay an hourly wage, and ultimately closed for lack of business. From July 1995 through December 1995, Plaintiff continued doing odd jobs, earning an additional $3,000. From April 1995 through July 1995, Plaintiff worked for Patterson's Boat Company, earning $1,626. Apparently frustrated by his inability to find work, Plaintiff performed odd jobs from September 1994 through March 1995, earning approximately $1,000. Following his termination, Plaintiff actively sought employment through August 1994 but was unsuccessful because Rigidply allegedly gave *389 potential employers bad references in retaliation for pursuing his Title VII claim. Plaintiff earned approximately $18,500 annually at Rigidply. ![]() Rigidply terminated Plaintiff on February 11, 1994. Plaintiff seeks $46,159 in back pay, $4,738 in pre-judgment interest, and reinstatement or $18,915 in front pay.Ĭertain facts established at trial or undisputed are relevant in resolving the pending motion. The case is now before the Court on Plaintiff's motion for back pay, interest, and reinstatement or front pay. The Court had instructed the jury not to consider awarding back pay, pre-judgment interest, and reinstatement or front pay, because those equitable remedies are vested within the Court's discretion. ![]() The jury awarded Plaintiff $15,000 in compensatory damages. A jury trial was held in June 1997, at which time the jury returned a verdict for Plaintiff, finding that Orendorf had not sexually harassed Plaintiff, but that Rigidply retaliated against Plaintiff in response to his allegations of sexual harassment, in violation of Title VII. ![]() Plaintiff alleged that on several occasions Rigidply employee Leonard Orendorf sexually harassed Plaintiff at Rigidply. ("Rigidply") and two of its employees in May 1996. Ford brought this Title VII same-sex sexual harassment suit against Rigidply Rafters, Inc. ![]()
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