Forum
U.S. Court of Appeals for the Fourth Circuit
Case Status
Decided
Docket Number
08-2108(L), 08-2166 XAP
Case Updates
Fourth Circuit affirms employer liability for discriminatory conduct by subordinates
February 12, 2010
The Fourth Circuit held that DynCorp International was liable under Section 1981 for racial discrimination, but rejected a $10 million punitive damages award against the company.
U.S. Chamber files amicus brief
February 09, 2009
NCLC urged the Fourth Circuit to adopt a careful balancing test to determine whether Section 1981 allows an employer to be held liable for discriminatory conduct by subordinate employees who are not decisionmakers. NCLC affirmed the rights of employees to be free from pernicious discrimination because of their race, gender, or other protected trait. However, companies must be free to make ordinary business decisions without fear of incurring massive liability because of the racially derogatory acts of persons within the corporation who are not actual decisionmakers.