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Article: 3rd Circuit rules hostile work environment claim not enough for back pay award
- Article from:
- Lawyers USA
- Article date:
- December 4, 2006
- Author:
CopyrightCopyright 2006 Lawyers USA. Provided by ProQuest LLC. (Hide copyright information)
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A successful hostile environment claim, without a successful
constructive discharge claim, isn't enough to support a back pay
award, the 3rd Circuit has ruled.
The plaintiff, who is hearing-impaired, brought an ADA claim
against Wal-Mart alleging that it didn't reasonably accommodate her
disability and subjected her to a hostile work environment. A jury
decided in her favor on the hostile work environment claim and
awarded her $15,000 for back pay.
Wal-Mart argued that the plaintiff failed to establish a hostile
work environment claim and even if she did, it wasn't sufficient to
support a back pay award.
The 3rd Circuit agreed.
"We hold that a successful hostile work ...