In golf, the adage is, “You drive for show and putt for dough.” In employment litigation, the attorneys largely try “liability for show and damages for dough.” In this light, the 3rd U.S. Circuit Court of Appeals’ recent opinion in Donlin v. Phillips Lighting North America Corp. may be one of the most important practical decisions issued by the court this year, as it includes a detailed discussion of the requirements for establishing damages in the form of back pay and front pay under Title VII.
Failure to Hire
Colleen Donlin was a temporary warehouse employee for Phillips at its distribution center in Moutaintop, Pa., according to the opinion. Donlin applied for full-time employment, and, when she was not hired, Phillips ended Donlin’s temporary assignment shortly thereafter. Donlin sued for gender discrimination and retaliation seeking compensatory and punitive damages. The district court dismissed Donlin’s claim for punitive damages but allowed the matter to go to trial on liability and compensatory damages in the form of back pay and front pay.
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