Mitch Goree, et al. v. United Parcel Service, Inc.

This appeal involves two employees‘ claims of racial discrimination and retaliation pursuant to the Tennessee Human Rights Act, Tenn. Code Ann. § 4-21-101, et seq. After a five-day jury trial, the jury found in favor of both employees on their claims of racial discrimination and retaliation for engaging in protected activity. The jury awarded one employee $2,600,000 and the other employee $2,042,000 in back pay, benefits, and compensatory damages. The trial judge granted the employer‘s motion for remittitur of the jury verdict and suggested remittitur of the awards to $1,225,933.33 and $676,000, respectively. The plaintiffs accepted the remittitur under protest. The employer appeals, claiming that the trial court should have granted its motion for judgment notwithstanding the verdict because the plaintiffs failed to establish essential elements of their claims. Alternatively, the employer argues that a new trial is necessary due to erroneous jury instructions. The employees argue that the trial court erred in reducing the jury verdict. For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.