Equal Employment Opportunity Commission v. Farmer Bros.
Opinion
Lead Opinion
Nelson, J.
Opinion by Judge D.W. NELSON; Concurrence by Judge BRUNETTI.
The district court found appellant/cross-appellee Farmer Brothers (“Farmer Bros.”) hable for intentional gender discrimination against appellee/cross-appellant Diana Estrada (“Estrada”) in violation of Title VII and the California Fair Employment and Housing Act (“FEHA”). The district court awarded Estrada $83,343.48 in backpay and $833,434.80 in punitive damages.
Farmer Bros, filed a timely appeal and Estrada cross-appealed. We have jurisdiction over the appeals pursuant to 28 U.S.C. § 1291 . We affirm the district court on all claims, with the exception of the district court’s calculation of Estrada’s lost health and life insurance benefits, which we reverse and remand for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
In January of 1980, Estrada began working as an unskilled machine operator in Farmer Bros.’s Allied Production Department. Her first supervisor, Jack Lesser, testified that Estrada was a satisfactory employee without attendance problems. On June 28, 1982, Estrada was moved to the Coffee Department, where she was supervised by Jess Ward, who also indicated that he had no problems with her…
Concurring Opinion
Brunetti, J.
concurring:
I concur in the opinion except for the merits discussion of the after-acquired evidence defense and Massey v. Trump’s Castle Hotel and Casino, 828 F.Supp. 314 (D.N.J.1993), contained in Part IV.
I agree with the conclusion that we should not reach the after-acquired evidence defense because Farmer Bros, faded to properly raise the defense. After clearly declining to reach this issue, however, the opinion engages in a limited merits discussion, expressing agreement with Massey’s reasoning on the important question of the effect of after-acquired evidence on an employee’s right to reinstatement and front pay. This discussion is dicta, and this is not the case to attempt to address and adopt such a significant and complex doctrine in such a cursory manner. Accordingly, I cannot join in that merits discussion.