Louisiana Federal Court Denies EEOC’s Request To Put Punitive Damage Cart Before the Compensatory Damage Horse

In previous blog postings, we have noted the EEOC’s tactic of seeking to bifurcate Title VII cases in such a way that any punitive damages will be determined after a finding on pattern or practice liability but before any award of individual compensatory damages and litigation of the employer’s defenses to such damages. We also have noted that federal courts in Maryland, New York, and Indiana have rejected this EEOC tactic.  See EEOC v. McCormick & Schmick’s, 2008 U.S. Dist. LEXIS 112283 (D. Md. Nov. 4, 2008); EEOC v. Sterling Jewelers, 2011 U.S. Dist. LEXIS 44255 (W.D.N.Y. April 25, 2011), and EEOC v. New Indianapolis Hotels, Case No. 1:10-CV-1234 (S.D. Ind. Feb. 1, 2012). You can read our take on those decisions here.

Recently, the U.S. District Court in the Eastern District of Louisiana became the  fourth court to reject this EEOC strategy, holding that the EEOC’s position is inconsistent with governing law on punitive damagesin EEOC v. Signal Int’l, LLC, Case No. 08-1220, 2013 U.S. Dist. LEXIS 117058 (Aug. 19, 2013). 

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