Fourth Circuit Affirms $3.4 Million Title VII Discrimination Award to White Male

April 2, 2024

What's New

The U.S. Court of Appeals for the Fourth Circuit has affirmed a jury verdict in favor of a white male employee who claims he was fired in violation of Title VII of the Civil Rights Act of 1964. The Fourth Circuit found that there was sufficient evidence for the jury to conclude that the plaintiff’s White race and/or male sex were motivating factors in the employer’s decision to fire him. The March 12, 2024, opinion in Duvall v. Novant Health upheld a $3.4 million award for back pay and related damages but found that an award of punitive damages was improper. The record showed that Novant Health fired the plaintiff, a white male who served as a Senior Vice President of Marketing and Communications, during a widespread Diversity, Equity, and Inclusion (DEI) initiative.

What It Means

Employers may use DEI programs, but they cannot implement them by taking adverse actions against employees based on their race or gender.

What You Should Do

The ruling underscores the importance of operating DEI programs within the law, especially in the wake of the Harvard/UNC affirmative action decision by the U.S. Supreme Court last year. (The Supreme Court ruled that the consideration of race in the admissions processes at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.)

CWC members that need help can seek assistance from our staff through MemberAssist at [email protected]. Members also could discuss these issues with other members through Collaborate or a Conversation Corner.

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