42 U.S. Section 2000e, et seq. (Title VII) imposes caps on damages that limit the recovery for plaintiffs in employment discrimination cases. The plaintiffs in Yarbrough v. Glow Networks (U.S. District Court  for the Eastern District of Texas, 4:19-cv-00905) employed an interesting theory to avoid those caps, and the strategy paid off. On Feb. 18, a Texas jury returned a verdict of $70 million for 10 race discrimination and retaliation plaintiffs, who asserted claims pursuant to 42 U.S.C. Section 1981 (Section 1981). The Yarbrough plaintiffs asserted no claims under Title VII.

The Yarbrough plaintiffs alleged discrimination in the workplace at Glow Networks. They alleged that Glow Networks treated Africans and African Americans differently than other employees and subjected them to a hostile environment in several ways. For example, they alleged that Glow Networks monitored their workspaces in a manner that they did not monitor other employees; that they were written up and reprimanded for conduct that Glow Networks ignored in other employees; and, that they did not receive promotions despite recommendations from their managers, and that the promotions went to non-Africans and non-African Americans. The Yarbrough plaintiffs included white managers of the African and African American employees who reported the alleged discrimination to management. The African and African American plaintiffs also asserted retaliation. Some of the employees were terminated, and others resigned, alleging a constructive discharge. Plaintiffs alleged one count of violation of Section 1981. The case was tried by a jury from Feb. 7 through Feb. 18, when the jury returned a verdict. For each of the 10 plaintiffs, the jury awarded $2 million in past pain and suffering damages; $1 million in future pain and suffering; and $4 million in punitive damages, resulting in a $70 million verdict.  On April 6, Glow Networks stated in a response to plaintiffs' motion to enter judgment that it intends to file post-trial motions for judgment as a matter of law and for a new trial.