Evidence Sufficient for Jury to Find Employer Retaliated against Employee, Tennessee High Court Rules

A university’s former maintenance employee presented material evidence for a jury to infer that his supervisor knew he had filed a lawsuit for employment discrimination when she engaged in retaliatory conduct, a unanimous Tennessee Supreme Court has held, reinstating a jury verdict for the employee. Ferguson v. Middle Tennessee State University, No. M2012-00890-SC-R11-CV (Oct. 29, 2014). The Court also remanded the case to the Court of Appeals for a review of the university’s argument that the $3 million compensatory damages award to the employee was excessive, given that the lower court did not review the issue of damages.