Bergerson v. New York State Office of Mental Health
2011 U.S. App. LEXIS 14853
| 2d Cir. | 2011Background
- Bergerson was hired by CNYPC as a probationary security hospital treatment assistant in 2004 and faced ongoing derogatory sexual and racial comments from coworkers.
- She made multiple complaints about the hostile environment; a supervisor told her the environment was a 'man's environment' and to 'just deal with it.'
- Bergerson’s probation was extended; she received several evaluations showing performance concerns and was ultimately terminated on January 31, 2006.
- She sued under Title VII for disparate treatment, hostile work environment, and retaliation, plus parallel New York Human Rights Law claims; backpay and reinstatement were reserved for post-trial inquest if she prevailed.
- Jury trial in October 2009 found in Bergerson’s favor with $580,000 in compensatory damages (reduced to $300,000 by the district court) and $450,000 for hostile environment; backpay/front pay were not initially submitted to the jury.
- On appeal, Bergerson challenged backpay, state-law claims, and attorney’s fees; CNYPC cross-appealed asking remand for damages clarification and upholding fee rate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Backpay entitlement under Title VII | Bergerson seeks backpay in addition to compensatory damages | District court correctly denied backpay because jury awarded only non-economic damages | Remand for a separate backpay inquest required |
| Front pay or reinstatement | Bergerson seeks front pay or reinstatement in lieu of backpay | Front pay/reinstatement not decided by jury; discretionary denial allowed | Remand to determine reinstatement or front pay on proper record |
| Rule 54(b) modification of state-law claims | Court should amend to reflect no abandonment and allow state claims | Bergerson abandoned state-law claims; no modification warranted | No abuse of discretion; abandonment affirmed |
| Attorney's fees rate | $275/hour should be used as prevailing rate | $210/hour is within district’s prevailing rate | No abuse; $210/hour affirmed |
Key Cases Cited
- Albemarle Paper Co. v. Moody, 422 U.S. 405 (U.S. 1975) (backpay and make-whole purposes of Title VII)
- Carrero v. New York City Housing Authority, 890 F.2d 569 (2d Cir. 1989) (backpay as standard remedy; make whole)
- Saulpaugh v. Monroe County Hosp., 4 F.3d 134 (2d Cir. 1993) (front pay and backpay considerations; make whole)
- Pollard v. E.I. du Pont de Nemours & Co., 532 U.S. 843 (U.S. 2001) (front pay not capped; discretionary equitable relief)
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. Cnty. of Albany, 493 F.3d 110 (2d Cir. 2007) (prevailing-rate fee determination; 'forum rule' for hourly rates)
- Kirsch v. Fleet Street, Ltd., 148 F.3d 149 (2d Cir. 1998) (backpay as separate inquiry; not subsumed by compensatory damages)
- Brock v. Casey Truck Sales, Inc., 839 F.2d 872 (2d Cir. 1988) (backpay computations require separate inquest)