Cloutier v. Gojet Airlines, LLC

357 F. Supp. 3d 675
CourtDistrict Court, E.D. Illinois
DecidedJanuary 4, 2019
DocketCase No. 16 C 1146
StatusPublished
Cited by2 cases

This text of 357 F. Supp. 3d 675 (Cloutier v. Gojet Airlines, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cloutier v. Gojet Airlines, LLC, 357 F. Supp. 3d 675 (illinoised 2019).

Opinion

MATTHEW F. KENNELLY, United States District Judge

John Cloutier, an airline pilot, sued his former employer GoJet Airlines for violating the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). After the Court granted summary judgment in GoJet's favor on some of Cloutier's claims, see Cloutier v. GoJet Airlines, LLC , 311 F.Supp.3d 928 (N.D. Ill. 2018), his remaining claims were tried before a jury. Specifically, the jury considered Cloutier's claims that GoJet had interfered with his exercise of his rights under the FMLA and had terminated him in retaliation for exercising his FMLA rights and his claims that GoJet had violated the ADA by failing to accommodate his disability and terminating him because of his disability.

The jury found in favor of Cloutier on both of his FMLA claims and in favor of GoJet on both of Cloutier's ADA claims. The relief available under the FMLA consists of lost compensation and benefits and other actual monetary losses, interest on these amounts, liquidated damages consisting of an amount equal to the monetary award unless the employer acted in good faith with reasonable grounds to believe that its act or omission did not violate the law; and equitable relief. 29 U.S.C. § 2617(a)(1)(A), (B). Front pay is a form of equitable relief, essentially given in place of an injunction when reinstatement is not a viable option. See, e.g., *678Traxler v. Multnomah County , 596 F.3d 1007, 1011-12 (9th Cir. 2010) ; see generally Pollard v. E.I. du Pont de Nemours & Co. , 532 U.S. 843, 846, 121 S.Ct. 1946, 150 L.Ed.2d 62 (2001) (Title VII case). Cloutier seeks back pay and front pay (GoJet does not suggest that reinstatement is a viable option), as well as liquidated damages. These matters were tried to the Court following the jury's verdict. This constitutes the Court's findings of fact and conclusions of law under Federal Rule of Civil Procedure 52(a)(1).

Facts

The Court's instructions to the jury regarding what Cloutier had to establish to prevail on his FMLA retaliation claim stated:

To succeed on his FMLA interference claim, Mr. Cloutier must prove each of the following propositions by a preponderance of the evidence:
1. Mr. Cloutier had diabetes mellitus.
2. Mr. Cloutier's condition was a serious health condition.
3. GoJet had appropriate notice of Mr. Cloutier's need for leave.
4. GoJet interfered with Mr. Cloutier's right to take FMLA leave by doing one or more of the following:
• giving him less time to complete his initial FMLA certification paperwork than the law requires, which prevented him from taking leave he was entitled to take, or contributed to his termination; or
• failing to provide him with notice of his rights and responsibilities under the FMLA, which prevented him from taking leave he was entitled to take, or contributed to his termination; or
• not allowing him to return to his job or an equivalent position when his leave expired, if he was able at that time to perform the functions of his job or an equivalent position; or
• terminating him because he had requested or had taken FMLA leave, if he was able at that time to perform the functions of his job or an equivalent position.

Instructions to the Jury (dkt. 139) at 11. The Court notes that the instruction on the interference claim gave the jury at least four and possibly six alternative ways in which Cloutier could establish liability. Neither side asked for or submitted special interrogatories to require the jury to specify which of these grounds was the basis for a finding in Cloutier's favor on the claim.1

The Court's instructions regarding what Cloutier had to establish to prevail on his FMLA retaliation claim stated:

To succeed on his FMLA retaliation claim, Mr. Cloutier must prove by a preponderance of the evidence that his taking of FMLA leave was a motivating factor in GoJet's decision to terminate his employment.
The term "motivating factor" means a reason why GoJet took the action that it did. It does not have to be the only reason.
If you find that Mr. Cloutier's taking of FMLA leave motivated GoJet to terminate his employment, then you must find for Mr. Cloutier on this claim, unless you find that GoJet has proved by a preponderance of the evidence that it would have terminated Mr. Cloutier's employment even if he had not taken *679FMLA leave, in which case you must find for GoJet on this claim.

Id. at 15.

The jury, as indicated earlier, found in Cloutier's favor on both his interference and retaliation claims under the FMLA. But it found good faith on GoJet's part only on the retaliation claim, not on the interference claim. This means that on the retaliation claim, Cloutier is entitled to recover lost compensation but not liquidated damages. On the interference claim, however, he is entitled to recover both lost compensation and liquidated damages. In addition, the jury's finding of a lack of good faith on the interference claim but good faith on the retaliation claim indicates that it must have found GoJet's interference with Cloutier's FMLA rights to involve conduct other than-or in addition to-terminating him because he had asked for or taken FMLA leave, i.e., the fourth bullet point under element 4 of the jury instruction on the interference claim. The Court will return to this point later in this decision.

1. Back pay

It is undisputed that, as a general rule, recoverable back pay consists of the amount that the plaintiff would have earned had he not been unlawfully terminated, less amounts earned between the termination and entry of judgment that the plaintiff would not have earned but for the unlawful termination. See generally Chesser v. State of Illinois , 895 F.2d 330

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Cite This Page — Counsel Stack

Bluebook (online)
357 F. Supp. 3d 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cloutier-v-gojet-airlines-llc-illinoised-2019.