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Court upholds verdict that male
applicant was discriminated based on gender, but he would not have been
hired anyway.
Wheeler v. Missouri
Highway & Transp. Com'n, 348 F.3d 744 (8th Cir. October 31, 2003) - This is
a Title VII sex discrimination action alleging failure to hire. Jerry
Wheeler, a male, applied for a permanent crew-worker position. A female
candidate, Terri Williams, was hired. At trial, the jury found that Wheeler
was a victim of gender discrimination, but he would not have been hired
anyway because another male candidate would have been selected over him. On
appeal, the Eighth Circuit affirms the judgment entered on the jury verdict.
Also, Wheeler cross-appeals and argues that the district court erred in
making certain evidentiary rulings, that the district court erred in denying
his motions to amend his complaint, and that the district court erred in
awarding only $21,250 in attorney's fees where he had requested a fee award
of $253,658. The Eighth Circuit finds no error (or harmless error) as to
each issue. With respect to the attorney's fee award, the district court did
not err by determining: (1) that many of the billable hours were
unnecessary; (2) that the counsel's hourly rate should be $125 per hour instead
of the request $150; and (3) that the amount awarded should be adjusted
downward from the amount requested based on the limited degree of success.
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