Blog Post

Feb 15, 2018

Back Pay Burden-New Trial Ordered Where Jury Slashed Plaintiff’s Request for Back Pay

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Seyfarth Synopsis: The Sixth Circuit ordered a new trial in a Title VII case where plaintiff presented evidence he was entitled to back pay, the employer presented no evidence to the contrary, and the jury only awarded a small percentage of plaintiff’s ask. In ordering the new trial, the Sixth Circuit noted that the jury cannot “infer” the plaintiff was entitled to less because it is the employer’s burden to show plaintiff did not seek out new employment after termination. Pittington v Great Smoky Mountain, No. 17-5590 (6th Cir. Jan. 24, 2018).

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