The U.S. Court of Appeals for the Fourth Circuit has affirmed a jury verdict in favor of a white male employee who claims he was fired in violation of Title VII of the Civil Rights Act of 1964. The Fourth Circuit found that there was sufficient evidence for the jury to conclude that the plaintiff’s White race and/or male sex were motivating factors in the employer’s decision to fire him. The March 12, 2024, opinion in Duvall v. Novant Health upheld a $3.4 million award for back pay and related damages but found that an award of punitive damages was improper. The record showed that Novant Health fired the plaintiff, a white male who served as a Senior Vice President of Marketing and Communications, during a widespread DEI initiative.
The ruling underscores the importance of operating Diversity, Equity, and Inclusion (DEI) programs within the law, especially in the wake of last year’s Harvard/UNC affirmative action decision by the U.S. Supreme Court.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.