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ARTICLE ID 47274
$________ INCLUDING $________ PUNITIVE AWARD Retaliatory discharge for filing Equal Opportunity Commission complaint regarding maternity leave discrimination.
U.S. District Court, Southern District of Fla.
The female plaintiff was an employee of the defendant University
of Miami who claimed she was wrongfully discharged from her
employment as a result of her filing a complaint with the Equal
Employment Opportunity Commission (EEOC) and for engaging in a
statutorily-protected activity. The defendant argued that the
plaintiff was terminated for excessive lateness and poor job
performance. The defendant received summary judgment on the
plaintiffs complaint of discrimination for taking maternity
The plaintiff who is in her 30s, was employed as an education
coordinator in the anesthesiology department at the defendants
medical school. She took a three-month maternity leave and
returned to her position in January ________. After her return, the
plaintiff received a negative performance review, which she
claimed was discrimination for her taking the maternity leave.
The plaintiff also testified that after she returned from her
maternity leave, she was moved to another building, lost support
staff and her responsibilities declined.
The plaintiff filed a EEOC complaint alleging, among other
things, discrimination for taking maternity leave. She was
terminated by the defendant in February ________. The plaintiff
claimed her termination was in retaliation for filing the EEOC
The defendant contended that the plaintiff had excessive lateness
and poor job performance, resulting in her termination. The
defense denied that the plaintiffs EEOC complaint was a factor
in the decision to terminate her employment. The plaintiff
countered that the reasons for her termination proffered by the
defense were pretextual in that other employees were often late
with no repercussions. The plaintiff also contended that the
alleged job performance issues were caused by factors beyond her
The jury found for the plaintiff awarded her $________ in damages
including $________ in pain and suffering, $________ in punitive
damages, and the remainder in economic damages. Post-trial
motions are pending.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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