The National Women’s Law Center and firm partner Cohen & Gesser, LLP, along with 31 additional organizations, filed an amicus brief in the Tenth Circuit in support of Dr. Rachel Tudor. Following a successful jury verdict, the district court applied legally incorrect standards in determining that reinstatement was not feasible given the hostility engendered between parties during the litigation and also limited front-pay to an unreasonably short period of time, without considering a host of individualized circumstances relevant to determining what amount of front-pay would make Dr. Tudor whole. NWLC is leading this amicus brief to ensure that the Tenth Circuit emphasizes the thoroughness required in reinstatement and front-pay assessments, and vacates and remands Dr. Tudor’s case for the district court to reconsider its decisions in light of various factors it failed to initially consider. In contexts where alternative employment may be difficult to secure, such as in the academic setting, and when the employee may face workplace discrimination on a number of fronts, this is particularly crucial.
The amicus is in support of the merits brief filed by Dr. Tudor’s lawyers.
For more information about this case and background on Dr. Rachel Tudor, please read our blog.