A federal jury in State College, New Jersey, found that a woman who worked for a company that offered home medical care services was purposefully discriminated against and awarded her $20.5 million in damages.
On Wednesday, a jury in the U.S. Middle District Court determined that Patricia Holmes, a Black woman, was entitled to $20 million in punitive damages in addition to $500,000 in compensatory damages.
The civil rights lawsuit against American HomePatient, a Lincare company, was brought in 2021 by the New Brunswick resident who was formerly a resident of Pennsylvania.
Jurors concluded that Holmes had violated federal law by working in a hostile workplace due to her race.
According to the verdict form, they based their decision on the actions of Beverly Hibbert, a coworker, and Timothy McCoy, the center manager.
The jury also discovered:
- American HomePatient failed to take appropriate precautions to stop or address racial discrimination at work.
- Holmes was the victim of malicious or careless behavior from American HomePatient about her federally protected rights.
- The business had not tried in good faith to abide by the federal statute that forbids discrimination based on race.
Holmes was employed by the company from October 2019 until her resignation on July 14, 2020, which she described as a constructive discharge, as a customer support representative at the State College location.
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The single Black worker at the facility, Holmes, was the target of abuse, according to testimony presented during the trial, including the usage of the epithet “coonie,” references to the Ku Klux Klan, and the use of the “N” word.
“From the time that Ms. Holmes first described this conduct to me, my immediate reaction was that it was outrageous,” Thomas B. Anderson, the Pittsburgh lawyer who was her representative stated.
“It is not conduct that is acceptable anywhere, including, and perhaps especially, in the workplace.”
American HomePatient (AHOM) responded to the decision as follows:
AHOM is vehemently opposed to the verdict, particularly the award and punitive damages sum, which represents a multiple of forty times the compensatory damages.
The 14th Amendment is violated by this kind of reward. According to rulings from federal courts, punitive damages multiples in most cases should not exceed ten.
Judge Matthew W. Brann awarded AHOM summary judgment on Holmes’s constructive discharge and retaliation claims prior to the trial.
Numerous incidents in which McCoy and Hilbert called Holmes names or made disparaging remarks were described in the trial testimony.
McCoy said it was amusing to see “a Black person with a white hood over their head” in one of them.
In order to make sure Holmes was correctly donning a N95 mask, a respiratory therapist fitted her with an airtight white hood and sprayed scented aerosol inside. This is when the remark was made.
Around Thanksgiving of 2019, McCoy made the “coonie” comment when he mentioned to Holmes that his uncle had a dark complexion and that’s why he was called “Coonie.”
Holmes stated that she left after being startled by the remark.
Court records from an examination into Holmes’s accusations state that McCoy received a written warning for permitting Hibbert to act in an unprofessional way.
In 2020, Hibbert was fired for covering her mouth with tape after receiving a final warning for using a racial slur in a chat that upset other people.
She clarified that the tape was the only way she would refrain from saying anything that might land her in more hot water.
