The Sixth Circuit has affirmed jury verdicts on behalf of three former employees on their sexual harassment and retaliation claims. Perry v. AutoZone Stores, Inc. (June 22, 2015).
Plaintiff Shana Perry was sexually harassed by her supervisor Mark DeHaan. She reported the harassment, AutoZone began an internal investigation, and, during the investigation, plaintiffs Damon Harper and Daryl Quinney made statements corroborating Perry's allegations. All three were subsequently fired.
The jury awarded Perry $150,000 in damages for emotional distress and $400,000 in punitive damages against AutoZone; Harper was awarded $60,000 for lost wages and $100,000 in emotional distress damages; Quinney was awarded $100,000 in emotional distress damages and $23,300 for lost wages. See Verdict Form. The district judge, the late John G. Heyburn, reduced the punitive damages award to comply with Title VII's statutory cap of $300,000.
The Sixth Circuit's opinion was per curiam and issued on behalf of Circuit Judges Martha Daughtrey, Deborah Cook and Eric Clay. Perhaps the only surprise is that the case was argued on November 18, 2014; some would infer a more extensive analysis would come after such a delay.
The plaintiffs were represented by Rheanne Falkner and Charles Miller of the Louisville firm of Miller & Falkner; they were lauded by Judge Heyburn for their "considerable skill and determination."
Robert L. Abell
www.RobertAbellLaw.com
