On December 21, 2009, Senior Judge John Nixon (from the Middle District of Tennessee) issued the attached opinion in EEOC and Freeman v. Whirlpool, Case No. 3:06-cv-0593, which involved racial and sexual harassment claims brought under Title VII and 42 U.S.C. 1981. EEOC – Freeman v Whirlpool Mem Order 12-21-09

After determining that the defendant was liable for the racial/sexual hostile work environment experienced by the intervening plaintiff, Judge Nixon awarded the intervening plaintiff total damages in the amount of $1,073,261. Judge Nixon awarded $773,261 in back pay and front pay. He also awarded $300,000 for compensatory damages. Judge Nixon declined to award punitive damages.

Interestingly, with respect to the award of front pay, Judge Nixon found the intervening plaintiff, as a result of the harassment she experienced, suffered from chronic post-traumatic stress disorder rendering the intervening plaintiff unable able to work. Thus, Judge Nixon awarded the intervening plaintiff front pay to her normal retirement age.