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Unformatted text preview: h the parties to address whether Wright-Bradley should receive back
pay under the circumstances. Dial's general counsel stated that the company had a
policy on background checks during the period when the WTS was given which
would have uncovered her criminal record. The district court concluded that Dial 263 would have terminated her on account of her criminal record had she been hired in
2000 and that she was therefore not entitled to back pay.
On appeal Dial challenges the district court's denial of its motion for judgment
as a matter of law, arguing there was insufficient evidence for a jury to find intentional
discrimination. Dial also attacks the district court's findings of disparate impact and
claims it proved that the WTS was a business necessity because it drastically
decreased the number of injuries in the sausage production area of the plant. It
-6contends the district court should not have awarded any back pay to applicants who
were not strong enough to complete the WTS, it should have used the company's
tenure data to calculate back pay, and that no applicant should have been awarded
health care benefits without proof of any actual costs incurred. EEOC disagrees and
cross appeals the denial of back pay to Wright-Bradley. It argues that Dial did not
prove that at the time she was hired it had a policy in place to terminate new
employees with similar criminal backgrounds.
Dial first argues that EEOC did not establish a pattern or practice of intentional
sex discrimination and that its motion for judgment as a matter of law should therefore
have been granted. EEOC responds that the jury had sufficient evidence on which to
base its decision. We review the district court's denial of Dial's motion for judgment
as a matter of law de novo, using the same standard as the district court. Ollie v. Titan
Tire Corp., 336 F.3d 680, 685 (8th Cir. 2003). The reviewing court must decide
whether there is sufficient evidence to support the jury's verdict when examined in the
light most favo...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08