Punitive Damages Appropriate Despite Decisionmakers’ Reliance On Advice Of Counsel
The 2nd Circuit has
held that an award of punitive damages was appropriate in a New York bank
employee's action for gender discrimination and retaliation. This was true even
though the decisionmakers began consulting with counsel immediately upon the
receipt of a lawyer's letter on the employee's behalf alleging discrimination
and did so continuously throughout the entire duration of the lawsuit, and the
employer did not terminate the employee until it consulted with counsel. Their
reliance on the advice of counsel did not negate the requisite intent.
Zakre v. Norddeutsche
Landesbank Girozentrale