The US Supreme Court today hears a case which could have a big impact on the size of damages paid by US employers in employment discrimination lawsuits. The court agreed to hear the case, Carole Kolstad vs1 the American Dental Association (ADA), to clarify what kind of employer conduct will give rise to punitive damages - damages awarded to punish and deter an offender - in lawsuits involving sex discrimination. However, law employment experts said that the suit was also likely to have a knock-on effect on race, age and other employment discrimination suits brought under Title VII of the 1991 Civil Rights Act.
The case involves a female lawyer employed as a lobbyist for the ADA, a professional trade association. A jury found that Ms Kolstad was denied promotion because of intentional sex discrimination. The issue before the court is not whether this is so, but whether such discrimination must be 'egregious'2 before punitive damages are awarded.
Title VII permits such damages where there was 'malice or... reckless indifference to the federally protected rights of an individual'. But in Ms Kolstad's case an Appeals Court found that the ADA's conduct was neither 'egregious' nor 'truly outrageous' enough to merit punitive damages.
At the moment there is confusion over the standard of conduct necessary to attract punitive damages, with the various circuit courts applying differing standards to define 'reckless indifference'. If the Supreme Court upholds the Appeals Court's decision in Kolstad - that the conduct did not meet this standard of 'egregious' - this would set a new standard nationwide that could limit the size of both jury awards and pre-trial settlements.
Conversely, if Ms Kolstad wins, jury awards and settlements could shoot up. Her lawyers argue in their brief that 'egregious' is too high a standard, and that employees rieed only show that their employers knew or should have known their conduct was probably unlawful in order to have claims for punitive damages put before a jury.
'If adopted, this standard would subject employers to punitive damages virtually every time an employee engages in intentional discrimination against another,' the US Chamber of Commerce argues in a brief filed to support the ADA. 'Our concern is that punitive damages would become the norm, not the exception, whereas the law clearly intends them to be the exception,' says Stephen Bokat of the National Chamber Litigation Center, which has also backed the ADA.
According to Jury Verdict Research, which tracks jury awards, 40% of verdicts in gender discrimination cases in the last six years have included punitive damages. The law caps damages at$50,000-$300,000 per plaintiff, depending on the size of the employer. A lower court jury awarded Ms Kolstad back pay after a male employee in the same office was, according to her lawyer's brief, 'preselected' for a promotion for which he was less qualified than she was.
1 an abbreviation for versus, meaning against
|
|
|
2 very bad indeed, disgraceful (widely used in legal terminology in American English)
Discuss these questions.
1. Employment discrimination can be based on age, gender and race - are there other categories you can think of?
2. Are women and men employed as equals in your country, in terms of pay and conditions?
Reading tasks
A Understanding main points
Read the text on the opposite page about an important case about discrimination against women in the workplace and answer these questions.
- What is the case about?
- Where is the case being heard?
- Who brought the appeal - the ADA or Ms Kolstad?
- What types of discrimination are mentioned in the text?
- Why did Ms Kolstad sue the ADA?
- Was there any dispute about the facts of the discrimination against Ms Kolstad?
- What was the lower Appeals Court's decision?
- Which organisation is mentioned that supports the ADA?
- If the Supreme Court decides in favour of Ms Kolstad, how much may she receive in damages?
Understanding expressions
Choose the best explanation for each of these words or phrases from the text.
knock-on effect
a) blow to the body
b) wider consequences
c) entry requirement
malice
a) friendliness
b) with bad or cruel intention
c) unintentional
reckless indifference
a) driving without care
b) heartless and cruel
c) not caring about the consequences
upholds
a) reverses
b) agrees with and supports
c) sets a standard
brief
a) short letter
b) legal document
c) kind of case
caps
a) sets an upper limit
b) interferes
c) is the head
Vocabulary tasks
A Complete the sentence
Use an appropriate word or phrase from the box to complete each sentence.
Limit punitive damages egregious circuit judge Act settlement jury lawsuit brief cap appeal federal rights
1. The amount of money awarded to a victim has a..........................................
2. The courts are in session at different times during the year in different places, so that the can work in a variety of places.
3. When Parliament votes to pass a Bill it becomes an...................................
4. There is no................... on the liability of owners in a private partnership.
5. Many people think there should be a specialist............................ for complex fraud cases.
6. American citizens should study their................................. so that they know what laws protect them from abuse.
7. Damages set very high in order to deter others are called...............................
8. A special term for very bad behaviour in the US is...................... behaviour.
9. Every court decision may be sent for................................................................ if circumstances justify it.
10. An out-of-court....................................... is desirable if possible.
11. Anyone can bring a............................................................... against someone else if they feel they have suffered a wrong that cannot be settled easily.
12. A barrister cannot work in a court without a........................ from a solicitor.
Opposites
Match the opposites.
1. lawful
2. clarify
3. legal
4. malice
5. preselection
6. male
7. punitive
8. knock-on effect
9. discriminate against
|
|
|
10. denial
a) illegal
b) female
c) unlawful
d) one-off
e) confession
f) confuse
g) token
h) kind intentions
i) fair job promotion procedures
j) act fairly
Prepositions
Complete these sentences with a preposition from the box.
up under against on to at
- If she wins this case, awards and settlements could shoot.......................
- The suits are brought......................................... Title VII of the 1991 Civil Rights Act.
- There maybe a knock-........................................ effect: other types of discrimination suits will be affected.
- The decision will have a major impact.................................. employers nation-wide.
- Some companies may be subject........................................ enormous claims.
- The law caps damages........................................ a certain sum of money, depending................................. the size of the company.
- According....................................... the researchers, juries often award punitive damages in cases where there has been discrimination......................................................... women in the workplace.
- What kind of conduct could give rise........................................ punitive damages?
D Different outcomes
Use an appropriate word or phrase from the box to complete each sentence.
however on the other hand if whereas should conversely might
1. The court could decide to award punitive damages for any justified complaint if that happened, companies would soon go bankrupt.
2. On the one hand, the lower court may decide in favour of the plaintiff;
............................... the appeal court may decide differently.
3. The verdict may be to limit all types of damages................................................
the verdict may be to award the maximum possible to deter others.
4. they had not complained about the award, there would not have been an appeal.
5. A successful outcome for the company involved would be a limitation on the damages, a worst-case scenario would be that they have to pay punitive damages.
6. the worst come to the worst, the ADA............................................................
find themselves paying Ms Kolstad punitive damages-and others too, if they file suit!
3: :
1. , (. Continuous):
a) ..................... am living, was living, will be living;
b) ............. was working, will be working, is working;
c) ....... am washing, will be washing, was washing;
d) ................ is listening to, was listening to, will be listening to;
e) .................. was reading, will be reading, is reading;
f) ................ will be watching, am watching, is watching;
g) .................... is writing, were writing, was writing;
h) ...................... am learning, will be learning, was learning;
i) .................. am thinking, was thinking, is thinking;
j) ........................ was going, am going, will be going.
2. :
a) .................. the plates and.................. them with a towel (wash; dry).
b) She........................ the floor (sweep).
c) When I saw Marry she.................................. an English book (to read).
d) John.............................. in the garden when the film began (to work).
e) The tourists.......................... at the hotel (to stay).
3. :
a) will be waiting for you at 7 in the evening.
b) Robert was sleeping on the floor, when his mother came into the room.
c) The girl is holding a brush in her hands.
d) He is travelling without his children.
e) When the teacher looked at Fred, he wasn't listening to her.
|
|
|
4. MAY, MIGHT, CAN, COULD :
a) He said that he....................... ship the goods in September.
b) If you had tried harder you............................... have succeeded.
c) It is strange John isn't here. He.................................... have forgotten about our appointment, or he have come while I was out.
d) he have refused to help you?
e) I said that he..................... not have missed the train, as he had left the house very early.
5. PAST FUTURE:
Example: You must switch on the radio. You had to switch on the radio. You'll have to switch on the radio.
a) While mother is absent I must cook our dinner.
b) He must revise all the rules before writing the test.
c) We must discuss this question with the group leader.
d) You must write a business letter on one side of the paper only.
e) Everyone must leave hats and coats in the cloakroom.
6. MUST, SHOULD, OUGHT TO , .
a) It is too late and you are exhausted after such an eventful day. I.. (to think) about it and (to let) you have a rest.
b) You.............. (to take) a long walk every morning. Exercise will only do you plenty of good.
c) You.............. (to be) there with your friends fighting. While they are risking their lives, it's mean of you to stay here.
d) Children you................ (to say) good buy to your granny and then we (to go).
e) You........ do it at once.
4
1
1: , .
GREAT BRITAIN
The United Kingdom of Great Britain and Northern Ireland is situated on the British Isles. The British Isles consist of two large islands, Great Britain and Ireland, and about five thousand small islands. Their total area is over 244,000 square kilometres.
The United Kingdom is made up of four countries: England, Wales, Scotland and Northern Ireland. Their capitals are London, Cardiff, Edinburgh and Belfast respectively. Great Britain consists of England, Scotland and Wales and does not include Northern Ireland. But in everyday speech 'Great Britain' is used to mean the United Kingdom. The capital of the UK is London.
The British Isles are separated from the European continent by the North Sea and the English Channel. The western coast of Great Britain is washed by the Atlantic Ocean and the Irish Sea.
The surface of the British Isles varies very much. The north of Scotland is mountainous and is called the Highlands, while the south, which has beautiful valleys and plains, is called the Lowlands. The north and west of England are mountainous, but all the rest east, centre and south-east - is a vast plain. Mountains are not very high. Ben Nevis in Scotland is the highest mountain (1343m).
There are a lot of rivers in Great Britain, but they are not very long. The Severn is the longest river, while the Thames is the deepest and the most important one.
The mountains, the Atlantic Ocean and the warm waters of Gulf Stream influence the climate of the British Isles. It is mild the whole year round.
The UK is one of the world's smaller countries. Its population is over 57 million. About 80% of the population is urban.
The UK is a highly developed industrial country. It is known as one of the world's largest producers and exporters of machinery, electronics, textile, aircraft and navigation equipment. One of the chief industries of the country is shipbuilding.
The UK is a constitutional monarchy. In law, the Head of State is the Queen. In practice, the Queen reigns, but does not rule. The country is ruled by the elected government with the Prime Minister at the head. The British Parliament consists of two chambers: the House of Lords and the House of Commons.
|
|
|
There are three main political parties in Great Britain: the Labour, the Conservative and the Liberafparties. The Conservative party is the ruling party nowadays. The Prime Minister is John Major.
2: . .
