On July 9, 2026, the U.S. Court of Appeals for the Fifth Circuit delivered a significant win for employees, ruling in Equal Employment Opportunity Commission v. SkyWest Airlines, Inc., that plaintiffs are not required to mitigate their losses for emotional distress when seeking damages under Title VII of the Civil Rights Act of 1964—a holding that could leave employers exposed to larger damages awards in sexual harassment, discrimination, and retaliation lawsuits.
Quick Hits
In EEOC v. SkyWest Airlines, Inc., the Fifth Circuit upheld a lower court’s ruling that Title VII plaintiffs do not need to take steps to reduce their damages for emotional distress.
A Dallas-Fort Worth International Airport parts clerk sued SkyWest Airlines for sexual harassment and retaliation, and a Dallas jury awarded her $2 million in punitive damages and $170,000 for emotional harm, an award later reduced to statutory cap of $300,000.
The Fifth Circuit upheld the admission of the plaintiff’s text messages… Read the complete article here...
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