Clemens v. Qwest Corp.
Nov 03, 2017OUTCOME: Final settlement totaling over $925,000
Ms. Ary (and co-counsel) represented an employee against his employer, Qwest. We alleged the employer terminated him because of his race and in retaliation for complaining about discrimination and ret ... aliation. After a six day trial in federal court, the jury returned a verdict for the full amount we requested for lost wages, over $275,000 for emotional distress, and $100,000 for punitive damages. (Emotional distress and punitive damages combined were later reduced to the statutory maximum of $300,000.) Qwest appealed to the 9th Circuit Court of Appeals, and Ms. Ary's client cross-appealed. Ms. Ary's client won both the appeal and the cross-appeal. The Court's decision on the cross-appeal created new law in the 9th Circuit, holding that victims of discrimination or retaliation may be entitled under Title VII to an additional award to offset the adverse tax consequences of receiving multiple years of back pay in one lump sum. See, Clemens v. Qwest, 874 F.3d 1113 (9th Cir. 2017).
