| Abstract: | The 2nd U.S. Circuit Court of Appeals in New York State has adopted a new ruling that applies to victims of employment discrimination who fail to look for other suitable employment after they are terminated. Danny Greenway was fired from his job as a bartender from the Buffalo Hilton Hotel in February 1994 because of his HIV status. Greenway was awarded $1.4 million in punitive and compensatory damages. On appeal, the hotel stated that since Greenway had made no effort to mitigate his damages by seeking suitable employment, compensatory damages should be eliminated. Participation in a job training program and employment at a temporary agency did not fulfill the plaintiffs obligation to mitigate damages. The court eliminated all compensatory damages for Greenway, leaving him with $200,000 in punitive damages. A similar ruling exists in both the 5th and 11th Circuit Courts. |
