Fowler v. Westminster College of Salt Lake
Filing
248
MEMORANDUM DECISION AND ORDER denying 199 Motion for Remittitur 42 U.S.C. 2000e-5(g)(2)(B). Signed by Judge David Nuffer on 8/31/12 (alt)
APRIL L. HOLLINGSWORTH (Bar No. 9391)
HOLLINGSWORTH LAW OFFICE, LLC
1115 South 900 East
Salt Lake City, Utah 84105
Telephone: 801-415-9909
Fax: 801-303-7324
Elizabeth M. Peck (Bar No. 6304)
PECK LAW, LLP
785 North 400 West
Salt Lake City, UT 84103
Telephone: (801) 521-0844
Fax (801) 505-5007
lisa@peck-law.com
Co-Counsel for Plaintiff
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
WILLIAM TRACY FOWLER,
Plaintiff,
MEMORANDUM DECISION AND
ORDER DENYING MOTION FOR
REMITTITUR UNDER 42 USC §
2000e-5(g)(2)(B)
vs.
Case No. 2:09-cv-00591-DN
WESTMINSTER COLLEGE,
Judge David Nuffer
Defendant.
Defendant Westminster College filed a Motion for Remittitur 42 U.S.C. § 2000e5(g)(2)(B) (docket no. 199), in which it contends that the jury verdict rendered in this
case established a mixed motive case, and that Westminster proved it would have fired
Plaintiff Fowler because of the failed drug test notwithstanding the impermissible
discrimination found by the jury. Fowler opposed the Motion. (docket no. 215)
Westminster did not file a reply to the Motion. Having carefully considered the
arguments of the parties and the legal issues involved, and for good cause appearing, the
court makes the following ruling:
The jury was clearly instructed, in Instruction No. 34, that it should not award
damages to Fowler if Westminster proved by a preponderance of the evidence that it
would have treated Fowler similarly even if discrimination had played no role in
Westminster's employment decision. Question no. 4 of the Verdict Form asked the jury,
“Has Mr. Fowler proven by a preponderance of the evidence that Westminster did not
honestly believe and act in good faith on its stated reasons for terminating Mr. Fowler,
making those reasons pretext for discrimination against Mr. Fowler based on his
disability?” The jury answered, “Yes.” That is, the jury found that discrimination was a
motivating factor in Westminster’s termination of Mr. Fowler’s employment, and that
Westminster’s stated reasons for the termination were not credible and were instead
pretext for discrimination. The jury then awarded Mr. Fowler compensatory damages of
$500,000. The jury thus found that Westminster failed to prove it would have terminated
Mr. Fowler even in the absence of a discriminatory motive. Accordingly, Westminster is
not entitled to relief from the jury's verdict under 42 U.S.C. § 2000e-5(g)(2)(B)(ii).
IT IS THEREFORE ORDERED that Westminster’s Motion for Remittitur 42
USC § 2000e-5(g)(2)(B) (docket no. 199) is DENIED.
Dated August 31, 2012.
BY THE COURT:
____________________________
David Nuffer
United States District Judge
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