Equal Employment Opportunity Commission v. Pape Lift, Inc.

Good Law
115 F.3d 676·97 Daily Journal DAR 6923·70 Empl. Prac. Dec. (CCH) 44,781·73 Fair Empl. Prac. Cas. (BNA) 1870·1997 U.S. App. LEXIS 12631
United States Court of Appeals for the Ninth CircuitJune 2, 1997Nos. 94-35603, 94-35654California4,747 words

Opinion

Lead Opinion

Nelson, J.

Appellant Equal Employment Opportunity Commission (“EEOC”) instituted this action against Appellee Pape Lift (“Pape”), alleging that Pape violated the Age Discrimination in Employment Act (“ADEA”) when it discharged Bill Waters, a Pape employee. At the conclusion of the jury trial, the jury returned a verdict for the EEOC, finding that Pape terminated Waters because of his age, and awarding back pay and front pay. Moreover, because the jury found that the violations were willful, it awarded liquidated damages.

Pape then filed a motion for judgment as a matter of law and alternative motions for a new trial and remittitur. The district court granted the motions in part, eliminating the award of front pay and liquidated damages. The court also issued an order reducing the costs to be awarded to the EEOC. The *679 EEOC and Pape now appeal. We affirm in part, and reverse in part.

BACKGROUND

Bill Waters was in Ms 24th year of employment with the Hyster Sales Company, a retail outlet for forklift trucks, when Pape purchased the company in August 1990. Waters worked as a general parts and service manager in one of the company’s branch offices; Ms responsibilities included supervising…

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