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Friday, September 04, 2009

Courts - EEOC award of nearly $330,000 in damages to a former Marion County chief deputy coroner who claimed reverse discrimination

Jon Murray reported Sept. 2nd in a story that began:

The city likely will appeal a federal agency's award of nearly $330,000 in damages to a former Marion County chief deputy coroner who claimed he was fired because he is white.

John Linehan's demotion and firing by then-Coroner Kenneth Ackles, who is black, in late 2005 abruptly ended a 20-year association with the office. Linehan started as a full-time deputy coroner in 1999 but had worked earlier as a consultant and part-time employee.

The U.S. Equal Employment Opportunity Commission last week upheld a 2007 finding in Linehan's favor on race discrimination and retaliation claims. It cited substantial evidence that Ackles used job-performance reasons as a cover for firing Linehan and said he had stated a preference for hiring African-Americans.

A city attorney disputed the discrimination conclusion Tuesday and said a federal appeals court would be likely to at least reduce what the city sees as excessive damages.

More from the story:
The commission's decision affirmed an administrative law judge's 2007 finding, which the city had appealed, and awarded Linehan $200,000 in compensatory damages for emotional distress; $129,600 for about two years of lost pay, reduced from the 2007 decision by $34,000; and $62,000 to cover Linehan's attorneys fees and costs.

Few cases result in such high damage awards, [Jon Mayes, the city's chief litigation counsel] said. Federal law limits compensatory damages alone to $300,000, and he called $35,000 a more typical "rule of thumb."

But the 7th U.S. Circuit Court of Appeals in Chicago often reduces EEOC awards even more, Mayes said, making a new appeal attractive.

Here is a copy of the 19-page EEOC opnion, dated Aug. 25, 2009.

Posted by Marcia Oddi on September 4, 2009 01:53 PM
Posted to Courts in general | Indiana Government