JOSEPH F. LEESON, Jr., District Judge.
Plaintiff Melissa Fillman brought this action against Defendants Valley Pain Specialists, P.C., Valley Surgical Center, Inc., and Dr. Steven Mortazavi, alleging discrimination on the basis of sex and retaliation in violation of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act, as well as other related claims. Plaintiff sought compensatory damages, punitive damages, and front and back pay, as well as other relief. Although the parties did not agree to a jury determination on back pay and front pay, the Court, upon the stipulation of both parties, submitted the question of whether Plaintiff is entitled to back pay and front pay to the jury on an advisory basis. Special interrogatories answered by the jury determined, on an advisory basis, the amount of front pay and back pay to which Plaintiff was entitled.
The jury found that Defendants had discriminated against Plaintiff on the basis of sex and had retaliated against her. The jury awarded compensatory damages against all Defendants and punitive damages against only the corporate Defendants.
Pursuant to Rule 52 of the Federal Rules of Civil Procedure, when an advisory jury is used, the Court must make specific findings of fact and conclusions of law on the matters that were submitted to the jury on an advisory basis. The Court therefore makes the following findings of fact and conclusions of law as to the issues of back pay and front pay.
1. Plaintiff was employed by Valley Pain Specialists as the Director of Nursing from April 27, 2009, through November 18, 2011. Employment Contract, Ex. 21; Trial Tr. 48, Nov. 2, 2015; Trial Tr. 39, 53, Nov. 3, 2015; Trial Tr. 163, Nov. 4, 2015.
2. Plaintiff performed the majority of her work at Valley Surgical Center, a facility located in the same building as Valley Pain Specialists. Trial Tr. 54-55, 58, Nov. 2, 2015; Trial Tr. 29-30, Nov. 5, 2015.
3. Both Valley Pain Specialists and Valley Surgical Center are owned and operated by Dr. Steven Mortazavi. Trial Tr. 54-55, Nov. 2, 2015; Trial Tr. 36-37, Nov. 5, 2015.
4. The terms and conditions of Plaintiff's employment were set forth in an employment contract dated March 31, 2009, which established a base salary of $70,000 and provided for health insurance benefits. Employment Contract, Ex. 21; Trial Tr. 49-54, Nov. 2, 2015.
5. After receiving a positive performance review on April 29, 2010, Plaintiff's base salary was increased to $75,000 plus benefits, where it remained until her last day of work on November 18, 2011. Performance Review Memorandum, Ex. 22; Trial Tr. 62-63, Nov. 2, 2015.
6. Dr. Mortazavi believed Plaintiff performed her duties in an exemplary fashion, was always an excellent nurse, and was one of the two best employees in the organization. Trial Tr. 23, 159, Nov. 4, 2015.
7. Plaintiff had a sufficient amount of work to continue on a full-time basis, regardless of any decline in Defendants' total number of surgical procedures between 2010 and 2011.
8. Defendants' claim that they sought to reduce Plaintiff's salary because of a decline in the volume of work is not credible.
9. Following Plaintiff's termination from Valley Pain Specialists on November 18, 2011, Plaintiff was not employed for the remainder of 2011. Based on her previous salary of $75,000, she would have earned $8,653.86 for the remainder of 2011.
10. From January 2, 2012, to the time of trial, Plaintiff has been employed as a registered nurse at Fresenius Medical Care, a dialysis clinic.
11. In 2012, Plaintiff earned $54,329.84,
12. For forty weeks of work in —, Plaintiff earned $43,459.50,
13. In —, Plaintiff earned $65,283.45,
14. In 2015 (until the time of trial), Plaintiff earned $54,272.85, which is $9,188.79 less than she would have earned over that time at her previous salary of $75,000.
15. In total, from the date of her termination to the start of trial, Plaintiff earned $62,462.16 less than she would have earned for that same time period, based on her previous salary of $75,000.
16. Plaintiff's annual salary at the time of trial was approximately $67,392, which is $7,608 less than her previous salary of $75,000. Pl.'s Summ. Wage/Health Benefits, Ex. 213; Trial Tr. 58, Nov. 3, 2015.
17. In 2011, Plaintiff paid $98.43 every two weeks for health, dental, and vision benefits under a plan offered by Valley Pain Specialists, which amounts to a total payment of $2,559.18 per year. Pl.'s Summ. Wage/Health Benefits, Ex. 213; Trial Tr. 56, Nov. 3, 2015.
18. Following her termination, Plaintiff paid $560.00 for health benefits for her daughter for the remainder of 2011, a cost that she would not have incurred if she had remained under the benefit plan at Valley Pain Specialists. Pl.'s Summ. Wage/Health Benefits, Ex. 213; Trial Tr. 56, Nov. 3, 2015.
19. In 2012, Plaintiff paid $6,015.99 for health benefits, which is $3,456.81 more than she paid at Valley Pain Specialists in 2011. Pl.'s Summ. Wage/Health Benefits, Ex. 213; Pl.'s 2012 W-2 Statement, Ex. 2; Trial Tr. 50, 57, Nov. 3, 2015.
20. In —, Plaintiff paid $6,183.66 for health benefits, which is $3,624.48 more than she paid at Valley Pain Specialists in 2011. Pl.'s Summ. Wage/Health Benefits, Ex. 213; Pl.'s — W-2 Statement, Ex. 3; Trial Tr. 51, 57, Nov. 3, 2015.
21. In —, Plaintiff paid $6,067.62 for health benefits, which is $3,508.44 more than she paid at Valley Pain Specialists in 2011. Pl.'s Summ. Wage/Health Benefits, Ex. 213; Pl.'s — W-2 Statement, Ex. 212; Trial Tr. 52, 57, Nov. 3, 2015.
22. From January to November 2015 (the time of trial), Plaintiff paid $5,232.70 for health benefits, which is $3,067.24 more than she paid at Valley Pain Specialists for health benefits from January to November 2011. Pl.'s Summ. Wage/Health Benefits, Ex. 213; Trial Tr. 56, Nov. 3, 2015.
23. In total, from the date of her termination to the start of trial, Plaintiff paid an additional $14,216.97 for health benefits compared to what she would have paid under the terms of her 2011 health plan at Valley Pain Specialists.
24. Absent Defendants' discriminatory conduct, Plaintiff would have maintained her position at Valley Pain Specialists at the same salary and benefits that she held at the time of her termination.
25. Reinstatement of Plaintiff to her previous position is inappropriate because of the likelihood of continuing disharmony between the parties and because Plaintiff's position has been filled.
"If a district court finds that an employer has engaged in an unlawful employment practice, Title VII authorizes, inter alia, a back pay award."
"Though back pay makes a plaintiff whole from the time of discrimination until trial, a plaintiff's injury may continue thereafter. Accordingly, courts may award front pay where a victim of employment discrimination will experience a loss of future earnings because she cannot be placed in the position she was unlawfully denied."
The United States Court of Appeals for the Third Circuit has observed that "there will often be uncertainty concerning how long the front-pay period should be, and the evidence adduced at trial will rarely point to a single, certain number of weeks, months, or years."
"Back pay and front pay are equitable remedies to be determined by the court."
For the following reasons, the Court adopts the advisory jury's award as to back pay (with one modification, explained below) but does not adopt the advisory jury's decision to decline to award front pay. As set forth above, Plaintiff's employer acknowledged that she was an exemplary nurse, a great asset to Valley Pain Specialists, and had no shortage of work. Absent Defendants' discriminatory conduct, Plaintiff would have maintained her position at Valley Pain Specialists at the same salary and benefits that she held at the time of her termination. Accordingly, the Court awards Plaintiff back pay in the amount of $76,679.12,
Title VII authorizes prejudgment interest as part of the back pay remedy in actions against private employers.
Accordingly, Plaintiff is awarded a total of $815.78 in prejudgment interest on her back pay award.
At the time of trial, Plaintiff's salary at her new place of employment, Fresenius Medical Care, remained significantly below her previous salary at Valley Pain Specialists. Based on this difference in salary, Plaintiff will continue to experience a loss of future earnings and is entitled to an award of front pay to compensate her for this loss. More specifically, the Court finds that Plaintiff is entitled to two years and two months of front pay—a period of time that is sufficient to allow Plaintiff to establish her rightful place in the job market—in the total amount of $13,928.36. This award is based on the following considerations. First, for the remaining two months of 2015, after the time of trial, Plaintiff is entitled to front pay in the amount of $1,298.36.
The final step in the front pay calculation is to reduce the award to present value.
Accordingly, Plaintiff's adjusted front pay benefits for 2015 ($1,878.36), 2016 ($7,669.38), and 2017 ($4,273.59) amount to a total of $13,821.33.
Plaintiff is entitled to a back pay award of $77,494.92 (including prejudgment interest) and a front pay award of $13,821.33 (adjusted to present value). A separate order follows.