On June 4,
2001, the U.S. Supreme Court overturned a cap on certain damages
workers can be awarded in cases involving mistreatment in the
workplace.
By a vote
of 8-0, the high court, in Pollard v. DePont, sided with
a former chemical plant worker who claimed her male colleagues
shunned her and sabotaged her work. She had sued to overturn a
$300,000 cap that a federal appeals court applied to her case.
In doing
so, the court held that workers wronged on the job cannot be limited
to $300,000 in "front pay" damages -- money they presumably would
have earned had the employer acted correctly.
The ruling
is a victory for civil liberties and worker rights groups, which
argued the cap is arbitrary and would benefit businesses at the
expense of some victims of harassment and other mistreatment.
It is a defeat for the business community, which argued that front
pay awards themselves can be arbitrary and out of proportion to
the worker's actual losses.
Justice Sandra
Day O'Connor did not participate in the ruling, presumably because
she owns stock in DuPont, the company where Pollard worked.
Pollard claimed
she endured years of mounting abuse that left her traumatized
and unable to continue work at a DuPont plant, and that the company
did nothing to help her. Harassment began in 1987, Pollard alleged,
when a male co-worker opened a Bible on her desk to the passage:
"I do not permit a woman to teach or have authority over man.
She must be silent."
The overwhelmingly
male work force allied to harass and undermine her, including
staging false alarms on the shop floor when she was in charge,
or making it appear she could not handle her duties, she alleged.
Eventually, Pollard claimed, her co-workers systematically shunned
her after she was chosen to address a group of girls visiting
the Tennessee plant for "Take Your Daughters to Work Day" in 1994.
Lower courts
that found Pollard was the victim of harassment also limited the
amount of money she could collect from DuPont. At issue was an
estimated $800,000 in wages and benefits that Pollard presumably
would have earned had she been able to go on working at the chemical
plant.
The 6th U.S.
Circuit Court of Appeals ruled in another case in 1998 that front
pay amounts to compensatory damages, and is thus subject to a
$300,000 cap set by Congress as part of 1991 amendments to the
Civil Rights Act. The appeals court applied the same reasoning
to Pollard's case.
The 1991 law
allowed people who sue successfully for job discrimination to
collect up to $300,000 in damages to compensate for financial
harm and punish an employer's misconduct. The law said the limit
did not apply to back pay and other remedies authorized under
the pre-1991 law.
Other federal
courts have not applied the 1991 cap to front pay in harassment
cases, and the Supreme Court found it unjustified.
Congress left
the door open for front-pay awards by authorizing "such affirmative
action as may be appropriate," Justice Clarence Thomas wrote for
the court. "We conclude that front-pay awards in lieu of reinstatement
fit within this statutory term," Thomas wrote.