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Green v. The Administrators of the Tulane Educational Fund

Demotion alone is sufficient to constitute a tangible employment action.

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Appeals from the United States District Court for the Eastern District of Louisiana

Cathryn Green (“Green”) alleges that, following a failed consensual relationship with Dr. Donald Richardson (“Richardson”), her supervisor and the Chairman of the Department of Neurosurgery at Tulane University (“Tulane”), Richardson harassed her because she refused to continue having a casual sexual relationship with him. Green filed suit against Richardson and Tulane, alleging sexual harassment and retaliation claims under Title VII and other causes of action under Louisiana law. Green sought compensatory damages, back pay, front pay, and punitive damages.

The district court granted a partial summary judgment motion dismissing all of Green’s claims against Richardson and her intentional infliction of emotional distress and respondeat superior claims against Tulane. At the close of the evidence, the district court granted Tulane’s motion for judgment as a matter of law, holding that Green was not entitled to punitive damages. The jury returned a verdict in favor of Green and awarded her $300,000 in compensatory damages. The court affirmed the advisory jury’s back pay award of $124,673 and awarded $4,287 in front pay. Final judgment was entered on December 8, 1999. On March 30, 2000, the court denied Tulane’s post-judgment Rule 50 motion and its motion for a new trial regarding the jury verdict. On August 8, 2000, the district court entered a judgment awarding $302,285 in attorneys’ fees. Thereafter, on August 18, 2000, the Clerk of Court taxed costs in the amount of $28,929.29. On October 11, 2000, the district court awarded an additional $98 in costs.

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