Front Pay Unlimited Under Title VII

The U.S. Supreme Court created the possibility of unlimited awards in employment discrimination lawsuits in federal court, despite the $300,000 cap on damages in Title VII. The Court ruled that the cap does not apply to front pay — money an employee would have continued earning if they were not illegally terminated.¹

In Pollard v. E.I. duPont Nemours & Co., two lower courts found that the longtime DuPont employee, Sharon Pollard, faced a severe hostile work environment because of sexual harassment. The courts ruled that DuPont supervisors knew about the discrimination but did not take adequate steps to stop it. Pollard was awarded back pay, lost benefits and attorneys’