Campbell v. Union Pacific Railroad Co.

Filing 112

MEMORANDUM DECISION AND ORDER. IT IS ORDERED that: Plaintiff Thomas Campbell recover from the Defendant Union Pacific Railroad Co. back pay in the amount of $39,530.40. Plaintiff Thomas Campbell recover from the Defendant Union Pacific Railroad Co. front pay in the amount of $312,591.23. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
THOMAS CAMPBELL,
Case No. 4:18-cv-00522-BLW
Plaintiff,

MEMORANDUM DECISION
AND ORDER

v.
UNION PACIFIC RAILROAD CO.,
Defendant.

INTRODUCTION
Plaintiff Thomas Campbell filed this action against Defendant Union Pacific
Railroad Company alleging disability discrimination and failure to accommodate
in violation of the Americans with Disabilities Act, 42 U.S.C. 12112(a). A jury
trial was held in this matter and after deliberation the jury returned a verdict in
favor of Campbell. The issue of front pay and back pay were submitted to the jury
for an advisory verdict. The jury’s advisory verdict awarded Campbell $39,530.40
in back pay and $312,591.23 in front pay. The Court will adopt the jury’s findings
and grant Mr. Campbell equitable relief in the form of front pay and back pay.
BACKGROUND
In support of his claim for damages, Mr. Campbell presented estimated front

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and back pay wages. In calculating his damages, Mr. Campbell relied on
comparator pay data for the three individuals above him and the three individuals
below him on Union Pacific’s seniority list in 2018, 2019 and part of 2021. The
pay data for 2020 was excluded as an outlier due to the pandemic.
Mr. Campbell testified that he was pulled from service as a trainman on May
3, 2017, and he started work as a carman on August 25, 2017. He estimates that his
lost wages for that time period total $39,530.40.
Using the comparator pay data, he estimated a future salary of $62,585. Mr.
Campbell testified that, when he was hired by Union Pacific, he planned to work
there until retirement. He also testified that he estimated his lost wages based on
retirement in 23 years at the age of 66. After subtracting his wages for his time
working as a carman and his current position at the City of Pocatello through to
retirement, and using the stipulated discount rate of 2.3%, he calculated his total
front pay for 23 years of work is $312,591.23.
LEGAL STANDARD
Under the ADA, a court has discretion to award such equitable relief as
warranted, including front pay and back pay. See 42 U.S.C. § 1981a (incorporating
the remedies of Title VII of the Civil Rights Act, which in turn, authorizes the
court to “order such affirmative action as may be appropriate, which may include

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... reinstatement ..., with or without back pay ..., or any other equitable relief as the
court deems appropriate.”); see also Traxler v. Multnomah Cnty., 596 F.3d 1007,
1011-13 (9th Cir. 2010) (holding that front pay under the FMLA, which provides
“such equitable relief as may be appropriate,” is an equitable remedy to be
determined by the court); Lutz v. Glendale Union High School, 403 F.3d 1061,
1069 (9th Cir. 2005) (holding that back pay under the ADA is an equitable remedy
to be determined by the court). Employees who have proven employment
discrimination are presumptively entitled to back pay. Albarmarle Paper Co. v.
Moody, 442 U.S. 405, 421-22 (1975). The statutory cap on compensatory damages
in Title VII cases does not apply to front pay awards because front pay is not an
element of compensatory damages. Pollard v. E.I. du Pont de Nemours & Co., 532
U.S. 843; Gotthardt v. National R.R. Passenger Corp., 191 F.3d 1148.
ANALYSIS
Based upon the jury’s verdict in favor of Mr. Campbell, and the evidence in
the record, the Court finds that it has discretion to award Mr. Campbell front pay
and back pay as an equitable remedy in this case.
The Court finds no reason to depart from the jury’s award of back pay in the
amount of $39,530.40. Based on the evidence heard at trial, specifically
Campbell’s testimony based on comparator pay data and the dates he was removed

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from service, the Court finds by a preponderance of the evidence that Campbell
lost $39,530.40 in wages.
The Court also finds reasonable the jury’s advisory verdict that Campbell
should receive $312,591.23 in front pay. At trial, Campbell testified that he
intended to remain at Union Pacific until he retired. The Court accepts that
testimony concerning his intent and finds, based on his work history and future
career plans, that his estimate of retirement at age 66 is reasonable. Campbell
presented evidence to establish that his future lost salary would be $62,585 per
year. He also established that he mitigated damages by seeking and obtaining first
a carman position with Union Pacific, and later employment with the City of
Pocatello. Using the stipulated discount rate of 2.3% and subtracting his wages
from alternate employment, Mr. Campbell estimated that his front pay would be
$312,591.23. Therefore, considering the amount Campbell would have earned until
retirement as a trainman and the wages he earned from seeking alternate
employment, the Court finds by a preponderance of the evidence Campbell is
entitled to the $312,591.23 in front pay. Accordingly, the Court will adopt the
jury’s advisory verdict, suggesting that Campbell should be awarded $39,530.40 in
back pay and $312,591.23 in front pay.

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ORDER
IT IS ORDERED that:
1.

Plaintiff Thomas Campbell recover from the Defendant Union Pacific

Railroad Co. back pay in the amount of $39,530.40.
2.

Plaintiff Thomas Campbell recover from the Defendant Union Pacific

Railroad Co. front pay in the amount of $312,591.23.

DATED: July 13, 2021

_________________________
B. Lynn Winmill
U.S. District Court Judge

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