We represent victims of reverse discrimination and anti-DEI whistleblowers

Workplace discrimination has serious consequences. Remedies in cases alleging unlawful employment bias and retaliation can include compensation for back pay, loss in future earnings and the effects suffered by the victim as a result of the mistreatment. In certain cases, a claimant can receive punitive damages when an employer acts with malice or reckless indifference to their worker’s fundamental rights. 

Though punitive damages are not the norm in these situations, there are cases in which such relief will be ordered. In March, the United States District Court for the Northern District of Texas upheld a punitive damages award in a case brought by a SkyWest Airlines parts clerk who alleged she endured a sexually hostile work environment.

According to the complaint, the worker faced repeated instances of inappropriate behavior, including sexual comments, jokes and gestures. The allegations also included comments that the EEOC says made light of rape and suggestions that the victim could engage in sex work. These actions were particularly harmful as the woman employee was the victim of a prior sexual assault. 

At trial, the jury awarded the employee $170,000 in compensatory damages and $2 million punitive damages. However, statutory damage caps lowered the total recovery to $300,000. Among other claims in its appeal, SkyWest asserted that it took appropriate remedial steps when the victim complained, meaning that their conduct did not constitute the malice or reckless indifference necessary to support a punitive damage verdict. 

Though the court acknowledged that SkyWest might have conducted an investigation regarding the matter and disciplined employees who made the offensive comments, there was not enough evidence in this regard to overturn the jury’s verdict. Senior Judge Sidney A. Fitzwater pointed out that many key witnesses were not interviewed as part of the so-called internal investigation and that it was reasonable for jurors to conclude that discipline imposed against employees amounted to a “slap on the wrist.” 

Kardell Law Group, is committed to advocating for employees who have experienced workplace harassment. Whatever your claim entails, we will press for the full remedy that you entitled to under the law, which might include punitive damages. Don’t let illegal sexual harassment go unpunished. Our firm will stand up for your rights.