Hernandez-Miranda v. Empresas Diaz Masso, Inc., No. 10-1639 (1st Cir. 2011)Annotate this Case
A jury awarded plaintiff $300,000 in damages in a Title VII suit alleging intentional discrimination by her former employer. Plaintiff had testified that during her employment as a construction worker, she was forced to perform oral sex on a supervisor multiple times, was subjected to extreme, continuing sexual abuse by coworkers and supervisors, that the job was her only means of supporting her family, and that the company ignored her complaints. The district court reduced the jury award to $50,000 under 42 U.S.C. 1981a(b)(3)(A), using the year of the award to measure the number of employees and determine the size of the applicable statutory cap. The First Circuit vacated and remanded for an award of $200,000,stating that the relevant year for determining the cap was the year in which the discrimination occurred and that the employer had the burden of proof with respect to the cap.