526 F. App'x 109
2d Cir.2013Background
- Bergerson was terminated from CNYPC and awarded back pay for Title VII violation; the district court later denied back pay, then remanded for an inquest to justify any denial.
- On remand, the district court found Bergerson resigned from SLPC due to personal reasons (not unreasonable working conditions) and thus limited back pay to January 31, 2006 to September 26, 2007.
- The district court held Bergerson failed to mitigate damages after leaving SLPC, because her post-resignation employment was not comparable.
- The inquest revealed Bergerson returned to Birnie Bus and later worked part-time at the School For The Deaf, neither of which counted as comparable employment.
- The Second Circuit reviews a district court’s denial of back pay for abuse of discretion and whether Bergerson’s mitigation efforts were reasonable; the court ultimately affirmed the district court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the district court’s back-pay denial an abuse of discretion? | Bergerson contends mitigation was improperly evaluated. | Defendant argues Bergerson failed to mitigate after leaving SLPC. | No abuse; court affirms on alternate basis. |
| Did Bergerson’s departure from SLPC for personal reasons negate mitigation duty? | Resignation due to long commute was unreasonable working condition. | Employee must mitigate despite personal reasons only if reasonable efforts exist. | District court erred in relying on resignation alone to deny mitigation. |
| Did Bergerson make reasonable efforts to obtain comparable employment after 9/26/2007? | Sought other employment; invoked distances and conditions. | No reasonable efforts; post-SLPC efforts were not comparable. | Defendant carried burden showing no reasonable post-SLPC efforts; back pay denied after 9/26/2007. |
Key Cases Cited
- Hawkins v. 1115 Legal Serv. Care, 163 F.3d 684 (2d Cir. 1998) (duty to mitigate not onerous; reasonable diligence required)
- Ford Motor Co. v. EEOC, 458 U.S. 219 (U.S. 1982) (personal reasons can negate mitigation in some contexts)
- Dailey v. Societe Generale, 108 F.3d 451 (2d Cir. 1997) (no need to take demeaning work; not required to switch lines)
- Greenway v. Buffalo Hilton Hotel, 143 F.3d 47 (2d Cir. 1998) (employer bears burden to show lack of effort to seek comparable work)
- Broadnax v. City of New Haven, 415 F.3d 265 (2d Cir. 2005) (burden on employer to prove lack of reasonable efforts to obtain suitable work)
- Albemarle Paper Co. v. Moody, 422 U.S. 405 (U.S. 1975) (mitigation and reasonable efforts context in Title VII remedies)
- Adirondack Transit Lines, Inc. v. United Transp. Union, Local 1582, 305 F.3d 82 (2d Cir. 2002) (may affirm on any ground supported by record)