1:15-cv-00477 Order Apr 24

Order (April 24, 2018) [Docket Text Only]

ORDER – The Court has reviewed the parties submissions regarding which issues should be tried to a jury. The parties agree that front pay and/or reinstatement are equitable issues for the Court and compensatory damages for reputational harm, emotional distress, etc. will be submitted to a jury. The parties disagree as to whether backpay must be submitted to the jury. Following the Eleventh Circuits decision in Brown v. Alabama Department of Education, 597 F.3d 1160, 1184 (11th Cir. 2010), the Court finds that the backpay issue is equitable in nature. Id. (Backpay in this Circuit is considered equitable relief, whether granted under Title VII, which provides solely for equitable remedies, or §§ 1981 and 1983, which provide for legal remedies as well.). But, because this equitable issue will be tried with legal ones, the Court will submit the backpay issue to the jury consistent with Federal Rule of Civil Procedure 39(c)(1). The Court will also require the parties to submit proposed verdict forms which assure that all factual overlaps between the legal and equitable claims, if any, will be determined by the jury. See Brown, 597 F.3d at 1184.Entered by Judge Leigh Martin May on 04/24/2018. (LMM) (Entered: 04/24/2018)