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An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge.

Last fall, a jury sat for a five-day trial in federal court in Boise, Idaho. The plaintiff had brought claims of sex discrimination, harassment, and retaliation against her former employer. She brought these claims under both federal law, the Civil Rights Act of 1964 (“Title VII”), and state law, the Idaho Human Rights Act (“IHRA”). By the time the case went to trial, two questions remained for the jury: Did the plaintiff prove her retaliation claim under state and federal law? If so, what were her damages? 

After deliberation, the jury found that (1) the plaintiff had shown retaliation, and (2) her damages were a stunning $300,000 in back pay plus $1.35 million in front pay, for a total of $1.65 million in damages (plus prejudgment interest and possible attorney fees and costs award).[1]

But that’s not where the case ended. Just recently, the judge decreased the front pay award by over a million dollars, from $1.35 million to $130,333.Continue Reading $1.65 Million “Advisory” Jury Award in Idaho Employment Case

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s temporary impairment can qualify as a disability under the Americans with Disabilities Act (“ADA”). The Ninth Circuit’s decision resolves an important…

Please note: The information below is based on what we know today, and that rules and regulations are literally changing daily. Employers need to be nimble and flexible – check your local rules on a daily basis.

As more and more people receive the COVID-19 vaccine, employees are starting to ask questions about mask requirements. …

As restrictions are easing, employers are planning for and starting to bring people back to work.  In these extraordinary times, everyone recognizes that things will not be business as usual.  Here is our “Top 10” checklist of things to consider as we move toward the “new normal.”

  1. Reluctant Returners. Many employees are eager to return

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On April 23, 2020, Idaho’s Governor Little adopted “Guidelines” that constitute a “data-driven approach to opening up Idaho’s economy.”  The proposed approach is intended to reduce the risk of COVID-19 to the State’s most vulnerable population and preserve capacity in the healthcare system, while opening up businesses safely.  The Governor’s action readily acknowledges that employee…

At the direction of Governor Brad Little, the Director of the Idaho Department of Health and Welfare has issued an Order to Self-Isolate for the State of Idaho that became effective on March 25, 2020.  The Order is intended to respond to the ongoing COVID-19 public health emergency by ensuring the maximum number of people…

As 2019 comes to an end, employers should know about important new obligations that will ring in their new year.  Our Labor & Employment experts offer some guidance on critical developments in Oregon, Washington, California, and Idaho that employers should be prepared for in 2020.

Oregon

  • The statute of limitations for discrimination and harassment claims
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On Tuesday, August 20, the Ninth Circuit Court of Appeals in a case entitled Murray v. Mayo Clinic, joined four other Circuit Courts of Appeal in holding that a “but for” causation standard applies in ADA discrimination claims.  This standard is considered to make it more difficult for employees to prove discrimination claims than…

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise limits employers’ liability in exchange for providing sure and speedy relief for injured workers and is encapsulated in Idaho Code § 72-209…