5th Circuit grants fired maintenance worker reinstatement, often forgotten remedy

In discrimination lawsuits, we often focus on back pay, mental anguish damages, punitive awards, and the like. Lost in the crowd is reinstating the employee to their old job—an unlawfully fired employee being put back to work. A recent case from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) refocuses us on this important but forgotten remedy.

Unlawfully fired employee denied reinstatement

Barry McMillan worked as a general maintenance worker for a school district. A jury determined he was fired because of his race.

The court determined post-trial that he wasn’t entitled to get his job back because it had been filled, and there were no other jobs to put him in. It also decided he wouldn’t receive any future lost wages in lieu of reinstatement. Only back pay and his attorneys’ fees would be awarded. Thanks for playing!

Another spin of the wheel

The appeals court saw the case differently. It held that only the following situations justified a denial of reinstatement: