Russell v. ExpressJet Airlines
Annotate this CaseEmployee brought an employment discrimination claim against Employer pursuant to the Maine Human Rights Act, alleging that Employer discriminated against him based on his sexual orientation. A jury entered a verdict for Employee and awarded Employee compensatory and punitive damages. Employer appealed, arguing, among other things, that it was entitled to judgment as a matter of law on liability. The Supreme Court affirmed, holding (1) the record contained sufficient evidence to support the jury's finding that actions of Employer made it futile for Employee to apply for a promotion, and thus, Employee's failure to apply for the position fell under the futility exception to the rule that an individual must apply for a position before he can claim he was denied that position; (2) the court applied the proper statutory cap to the jury's award; and (3) the trial court did not abuse its discretion in denying Employer's motion for a new trial or remittitur of damages.
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