Jottings By An Employer's Lawyer

Tuesday, August 26, 2003

1st Cir. - Intentional Discrimination = Punitive Damage Submission In Most Cases

Sending a case back to trial solely on the question of punitive damages, the Court notes that intentional discrimination is exactly the type of case where punitive damages are most proper. Che v. Massachusetts Bay Transport Authority Nos. 02-2078, 02-2079 (1st Cir. 8/26/03). Although there is a narrow category of cases where an employer could be guilty of intentional discrimination and yet not liable for punitive damages, this case fits none of those narrow exceptions.

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