U.S. Court of Appeals for the Fourth Circuit

Case Status


Docket Number

08-2108(L), 08-2166 XAP


Case Updates

Fourth Circuit affirms employer liability for discriminatory conduct by subordinates

February 12, 2010

The Fourth Circuit held that DynCorp International was liable under Section 1981 for racial discrimination, but rejected a $10 million punitive damages award against the company.

U.S. Chamber files amicus brief

February 09, 2009

NCLC urged the Fourth Circuit to adopt a careful balancing test to determine whether Section 1981 allows an employer to be held liable for discriminatory conduct by subordinate employees who are not decisionmakers. NCLC affirmed the rights of employees to be free from pernicious discrimination because of their race, gender, or other protected trait. However, companies must be free to make ordinary business decisions without fear of incurring massive liability because of the racially derogatory acts of persons within the corporation who are not actual decisionmakers.

Case Documents