Unformatted text preview: dence that the test was
more difficult than the actual job. Women who were not hired because they were
unable to complete the WTS suffered losses as a consequence, and Dial did not
overcome the presumption in favor of awarding back pay in respect to these claimants.
Dial also claims the district court erred by refusing to use its employee tenure
data in calculating the amount of back pay because the plant's high turnover rate
suggests the claimants would not have been employed for the entire back pay period.
The district court applied the well established rule for calculating back pay — the 266 difference between the amount the claimant would have earned absent the
discrimination and the amount of wages actually earned during the relevant period.
See Hartley v. Dillard's, Inc., 310 F.3d 1054, 1062 (8th Cir. 2002). This was
consistent with Title VII's dual purposes of compensating victims and deterring future
discrimination, as well as the district court's obligation to grant "the most complete
relief possible." King, 849 F.2d at 1144.
Dial also challenges the award of lost medical premiums, arguing the claimants
should have been required to prove they incurred medical expenses. Our court has not
decided whether out of pocket expenses are required before health care benefits can
be awarded, see Tolan v. Levi Strauss & Co., 867 F.2d 467, 470 (8th Cir. 1989), and
other circuits are divided on the issue. In the view of the Fourth Circuit, Congress
intended fringe benefits to be part of the monetary award compensating claimants for
the discrimination they suffered. See Fariss v. Lynchberg Foundry, 769 F.2d 958,
-11965-66 (4th Cir. 1985) (awarding medical benefits to widow of age discrimination
victim without requiring proof of out of pocket medical insurance costs); see also
Blackwell v. Sun Elec. Co., 696 F.2d 1176, 1185-86 (6th Cir. 1983) (granting the
amount of health care premiums to claimant as part of recovery); but see Galindo v.
Stoody Co., 793 F.2d 1502,1517 (9th Cir. 1986) (reimbursing only out of pocket
expenses incurred to obtain health care).
Health care benefits are an important element of an employee's overall
employment package, and Dial does not...
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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