Fisher Phillips Partner Explains Fifth Circuit Ruling

In a case that employers are watching, the Fifth Circuit ruled that an employer must again show why it shouldn’t have to reinstate an employee who prevailed on a workplace bias case, kicking the case back to the lower courts. The case hinges on the form of prospective relief for the plaintiff since a lower awarded the plaintiff an unprecedented $1 in compensatory damages. Lori Armstrong Halber spoke with Bloomberg Law about the case saying, “The [Fifth Circuit} decision upholds that reinstatement is preferred over front pay when it comes to prospective relief in discrimination cases.” 

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