Sheaneter Bogan v. MTD Consumer Group, Inc.
Opinion
*335 Sheaneter Bogan filed suit alleging that she was fired because of her race and sex. A jury found in her favor but awarded her just $ 1. The district court then denied Bogan both reinstatement and front pay, leaving her with no remedy. We review the district court's decision not to award prospective relief. Because two of the reasons the district court relied on in denying reinstatement do not support that result, we remand for reconsideration.
I.
A.
Bogan worked at MTD Consumer Group, a manufacturer of outdoor power equipment, for about 20 years. She started with the company in unskilled positions, but while working took full-time classes at a community college so she could obtain a skilled position. After she completed that coursework, MTD eventually promoted Bogan to be a machinist in the Tool and Die department. She remained in that job for about two years until her termination in April 2013.
While pursuing the Tool and Die position, Bogan also began going to school for a degree in social work. Her supervisors initially accommodated her class schedule with flexible work hours. But in fall 2012, human resources notified Bogan that, based on company policy only allowing flexible hours for work-related schooling, she had to work a normal shift.
Despite this decision, Bogan still worked some irregular hours. So Bogan's supervisors reminded her that she had to work the regular 5:00 a.m. to 3:30 p.m shift and could not attend classes during work hours. But on occasion Bogan would squeeze class time into her lunch break. When a supervisor learned about this, he suspended Bogan. MTD then terminated her, ostensibly because she came back from lunch late. Bogan unsuccessfully appealed her termination to an employee review board.
B.
After receiving a right-to-sue letter from the EEOC, Bogan filed this suit alleging race and sex discrimination. MTD sought summary judgment. The district court denied that motion, concluding that the evidence could support a finding that MTD's reason for the termination was pretextual. For example, other employees "routinely" took lunch breaks that lasted longer than thirty minutes, but Bogan was the only one punished for doing so. The court also pointed to doubts about the accuracy of information in Bogan's personnel file.
A four-day trial followed that resulted in the jury finding that MTD "discriminated against [Bogan] on the basis of her race and/or gender." The jury awarded her $ 1, perhaps because of a jury instruction on the consequences of a failure to mitigate, an argument that MTD pushed.
Bogan then asked the court for reinstatement or front pay. The district court held a hearing after which it denied both requests. It cited four factors that it believed counseled against reinstatement and refused to order that remedy. For front pay, the court held that MTD established that Bogan did not mitigate her damages.
II.
Reinstatement and front pay are equitable remedies. The ultimate exercise of a court's equitable power is reviewed for abuse of discretion.
Deloach v. Delchamps, Inc.
,
A.
That deferential standard for review of factual determinations disposes of Bogan's appeal of the front pay ruling. Bogan argues she did make reasonable efforts to obtain work and tried to keep up with her training. She makes some good points, but there was also evidence to support the district court's contrary conclusions. We thus see no clear error in the court's finding that Bogan did not use reasonable diligence to obtain "substantially equivalent employment." Id .
B.
That leaves her challenge to the ruling on reinstatement. Reinstatement is the preferred equitable remedy under Title VII.
Hansard v. Pepsi-Cola Metro. Bottling Co.,
This case presents an unusual situation in which no prospective (or meaningful retrospective) relief was awarded after a finding of discrimination. Our caselaw contemplates that one form of prospective relief will ordinarily be appropriate when it is requested. We have often said that the trial court's remedial discretion in this area involves the "
selection between
reinstatement and front pay."
Brunnemann v. Terra Int'l, Inc
.,
*337
Goldberg v. Bama Mfg. Corp.
,
Yet given the equitable nature of these remedies and the limits of our imagining the full variety of situations that arise in the workplace, there may be outlier situations in which no prospective relief is appropriate for a victim of discrimination. Indeed, although the parties could point to no case from our court in which a plaintiff sought either form of prospective relief but received neither,
2
we found one such case involving an award of punitive damages that the district court concluded was enough to make the victim whole.
Hadley v. VAM P T S
,
Before we can assess whether the district court abused its discretion in not reinstating Bogan, we review each factor it cited in support of that ruling. The first two are ones that do counsel against reinstatement. Because Bogan's position no longer "exists as it did during her employment," the district court properly considered that reinstatement would require training on new machines and that the company did not have a present opening in the Tool and Die department.
See
Palasota
,
The third reason the district court cited is MTD's argument that it "would have terminated Plaintiff in the absence of any purported discrimination" because of "her inability to follow the rules and her attitude."
See
42 U.S.C. § 2000e-5(g)(2)(B). Yet the district court did not find that MTD proved this statutory defense, it only noted it as MTD's position. More fundamentally, the district court could not find in favor of MTD on this issue because the jury had rejected it. It was instructed that
*338
"[i]f you find by a preponderance of the evidence that MTD Consumer Group Inc has proved it would have terminated Ms. Bogan's employment even if it had not considered her race and/or gender, you must find for the Defendant, MTD Consumer Group Inc, and go no further in your deliberations."
See also
FIFTH CIRCUIT PATTERN JURY INSTRUCTIONS (Civil Cases) 11.13 (2014);
Price Waterhouse v. Hopkins
,
The final reason the district court cited in denying reinstatement-"discord between the parties"-is also problematic because of the apparent source of that acrimony. For understandable reasons, hostility between the parties that is likely to disrupt the workplace if the employee returns can be a reason for denying reinstatement.
See, e.g.
,
Deloach
,
What makes this a challenging area is that the post-lawsuit context in which this question arises usually sees some friction between the parties. Antagonism is a natural by-product of lawsuits, often even more so for ones alleging discrimination. If the hostility common to litigation were sufficient for "denial of reinstatement, reinstatement would cease to be a remedy except in cases where the defendant felt like reinstating the plaintiff."
EEOC v. Century Broad. Corp.
,
The acrimony must rise to the level at which the parties' relationship is "irreparably damaged."
Walther
,
The district court did not find that the relationship between Bogan and MTD rose to the level at which it was irreparably damaged and exceeded the antagonism that normally results from trials.
Walther
,
Because the district court should not have considered two of the four factors it relied on in denying reinstatement, we cannot review its conclusion that Bogan's reinstatement would not further the remedial goals of Title VII. The remedial discretion is vested in the district court, and we do not know how it would exercise that authority with two fewer factors on the "no reinstatement" side of the scale. We thus *340 remand for further proceedings without suggesting how the district court should exercise its discretion based on the two factors that remain or other permissible considerations that the district court may find relevant.
***
AFFIRMED in part, VACATED and REMANDED in part.
When Judge Wisdom made that observation, the FLSA did not allow damages for retaliation.
MTD cited two examples at oral argument,
Giles v. Gen. Elec. Co.
,
There are also examples from other circuits. The Eighth Circuit held that evidence of post-termination misconduct (as opposed to
McKennon
's after-acquired evidence of pre-termination misconduct) that would render the plaintiff ineligible for reinstatement may also justify denying both equitable remedies.
Sellers v. Mineta
,
Examples from other circuits highlight how severe the hostility usually is when courts use it to deny reinstatement.
See
Hunter v. Town of Mocksville, N.C.
,
Reference
- Full Case Name
- Sheaneter J. BOGAN, Plaintiff-Appellant v. MTD CONSUMER GROUP, INCORPORATED, Defendant-Appellee
- Cited By
- 12 cases
- Status
- Published