When the U.S. Supreme Court clarified the standard for punitive damages in employment discrimination suits two weeks ago in Kolstad v. American Dental Association, No. 98-208, it handed plaintiffs a victory with one hand and took it away with the other.
The good news for plaintiffs came when the Court rejected an egregiousness standard for employer conduct followed by some appellate circuits. Whether an employer’s discriminatory conduct is egregious is not determinative, the Court said, explaining that what is determinative is the employer’s knowledge that its discriminatory conduct may violate federal law.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
