886 F.3d 591
6th Cir.2018Background
- Linda Mys, a Michigan State Police sergeant, filed two internal complaints (2005, 2007) alleging sexual assault/harassment by coworker Sgt. Richard Miller; investigations did not sustain the allegations.
- Captain Gary Gorski (Sixth District) initiated a “special circumstances” transfer process shortly after the second complaint, citing Mys’s complaints as the reason and requesting reassignment before the investigation concluded.
- Mys was temporarily reassigned to Rockford, where she wished to stay; the Transfer Review Board (TRB) — composed of employer and union appointees under the CBA — then selected Detroit (far from her home) from employer-proposed posts, despite Mys’s seniority and her objections.
- Mys worked in Detroit ~2.5 years, then retired early (incurring pension costs) because the commute and dual residence burdened her caregiving for her disabled mother and career plans.
- Mys sued the Department for Title VII retaliation; a jury awarded $350,000. The district court denied the Department’s post-verdict motions for judgment as a matter of law, new trial, and remittitur; the Department appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether record supports Title VII retaliation (but-for causation) | Mys argued Gorski initiated transfer process because she filed harassment complaints; that animus caused the TRB to transfer her | Dept argued no sufficient evidence the complaints were the but-for cause or that Gorski’s animus proximately caused TRB decision | Affirmed: reasonable jury could find but-for causation and cat’s-paw liability because Gorski initiated process explicitly citing complaints and helped shape TRB testimony |
| Whether employer is liable though TRB made final decision (cat’s-paw/Staub) | Mys: Gorski’s actions and preparation of LT Schram’s TRB testimony proximately caused the adverse action | Dept: TRB was independent decisionmaker so no vicarious liability | Held: employer liable under cat’s-paw/Staub where supervisor’s biased acts intended to cause adverse action were a proximate cause of the TRB decision |
| Whether $350,000 damages were excessive / require remittitur | Mys: award compensates backpay, front pay, and emotional distress from transfer and early retirement | Dept: award excessive, inconsistent pension testimony, should be reduced to $150,000 and capped under §1981a | Held: district court didn’t abuse discretion; award components (backpay/front pay) supported; statutory cap inapplicable to backpay/front pay; pain-and-suffering portion not excessive |
| Whether judgment as a matter of law or new trial required | Mys: trial record and credibility inferences support verdict | Dept: moved under Rule 50/59 asserting insufficient evidence and prejudicial errors | Held: Rule 50(b) denied and motion for new trial denied — viewing evidence in plaintiff’s favor, jury’s verdict was reasonable |
Key Cases Cited
- Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338 (but-for causation required in Title VII retaliation)
- Staub v. Proctor Hosp., 562 U.S. 411 (employer liability where supervisor’s biased acts proximately cause adverse action; cat’s-paw theory)
- Faragher v. City of Boca Raton, 524 U.S. 775 (employer vicarious liability for supervisor’s tangible employment actions)
- Vance v. Ball State Univ., 570 U.S. 421 (definition of supervisor for vicarious liability)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (Rule 50 standard; view evidence in light most favorable to nonmovant)
- Pollard v. E.I. du Pont de Nemours & Co., 532 U.S. 843 (front pay treatment for damages caps)
- Gregory v. Shelby County, 220 F.3d 433 (standard for remittitur review)
- Radvansky v. City of Olmsted Falls, 496 F.3d 609 (Rule 50 review principles)