BRADLEY MILLER, Plaintiff-Appellee, versus KENWORTH OF DOTHAN INC., a Corporation, Defendant-Appellant., 277 F.3d 1269

Summary

The salesman, who was Mexican-American, worked for the employer. The salesman's coworkers gave him several ethnically derogatory nicknames. The coworkers were instructed to stop using the ethnic slurs. Despite the warnings, one coworker continued to use the slurs. The salesman was eventually terminated. The salesman initiated an action against the employer alleging an ethnically hostile work environment. The trial court awarded the salesman compensatory and punitive damages. The trial court denied the employer's motion for judgment as a matter of law. On appeal, the court affirmed the compensatory damages award finding that there was sufficient evidence that the harassing conduct was severe and pervasive enough to alter the salesman's conditions of employment. The court reversed the decision denying the employer's motion for judgment as a matter of law on the issue of punitive damages and vacated the award. The court found that there was insufficient evidence of malice or reckless ...