On August 30, a federal jury in Indianapolis returned a verdict totaling $1,090,000 for an unsuccessful job applicant represented by Steve Imm and Diana Emerson of the Finney Law Firm. The applicant, Cory Lange, had sued the Anchor Glass Container Corporation for denying him employment in 2018. The case went all the way up to the 7th Circuit Court of Appeals in Chicago before being remanded to the District Court for trial last month.
Mr. Lange alleged that he was turned down for employment by Anchor because of his race, in violation of Title VII of the Civil Rights Act of 1964. The company originally claimed that it rejected Mr. Lange because of a felony conviction he had in 2009, but the evidence showed that the company had hired several other people who had significant criminal records, but who were of a different race than Mr. Lange. Also of key importance was the fact that, over time, the company had significantly changed its justification for not hiring Mr. Lange. This evidence permitted the jury to reasonably infer that the true reason for Mr. Lange’s rejection was his race.
Upon finding that Mr. Lange had proved his case for discrimination, the jury proceeded to award him $90,000 for mental suffering and $1,000,000 in punitive damages. The punitive award reflected the jury’s finding that the company had acted in reckless disregard of Mr. Lange’s rights.
The court will hold further proceedings to determine if Mr. Lange should receive additional damages for lost back pay and lost front pay, as well as attorney’s fees.
The case serves as an important reminder that the employment discrimination laws apply at ALL phases of the employment relationship, not just when someone is discharged.
