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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Philomena Badami v. Terry Flood, 214 F.3d 994 (2000)

Citation
Philomena Badami v. Terry Flood, 214 F.3d 994 (2000)
Parent Document
Philomena Badami v. Terry Flood, 214 F.3d 994 (2000)
Effective Date
2000-06-05

Other Sections in This Document (30)

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The Supreme Court recently addressed the meaning of the terms "malice" and
"reckless indifference" as they relate to the standard for punitive damages in the Title
VII context. See Kolstad v. American Dental Assoc., __ U.S. __, 119 S. Ct. 2118
(1999). The Court stated that "'malice' or 'reckless indifference' pertain to the
[defendant's] knowledge that it may be acting in violation of federal law, not its
awareness that it is engaging in discrimination." Id. at 2124. The Kolstad Court further
explained that, although conduct justifying a punitive damages award is sometimes
characterized as egregious or outrageous, it "is not to say that [defendants] must engage
in conduct with some independent, 'egregious' quality before being subject to a punitive
award." Id. at 2126. In the Title VII context, it is sufficient that a defendant
"discriminate in the face of a perceived risk that its actions will violate federal law to
be liable in punitive damages." Id. at 2125.