The opinion of the court was delivered by: Judge Munley
Before the court for disposition is the plaintiff's request for equitable relief following a trial where the jury determined that Defendant Crestwood Area School District had discriminated against Plaintiff Carole L. Jeckell in not hiring her for the position of assistant to the superintendent. Plaintiff seeks back pay, front pay and prejudgment interest. The court held a hearing on this matter on December 2, 2008, and the matter is ripe for decision.
Plaintiff Carole E. Jeckell applied for the positions of high school principal and middle school principal with Defendant Crestwood School District in August 2001. In May 2002, she applied for the position of assistant to the superintendent. With regard to each position, defendant considered the plaintiff, but ultimately hired males. Plaintiff asserts that she was qualified for the positions, and that she was not hired because of her gender. Accordingly, she filed a four-count lawsuit. The complaint asserts causes of action for: 1) violation of Title VII of the Civil Rights Act, gender discrimination; 2) violation of the Pennsylvania Human Relations Act, gender discrimination; 3) violation of the Pennsylvania Human Relations Act, individual liability against Defendant Geffert; and 4) violation of 42 U.S.C. § 1983, against all defendants. Prior to trial, we granted summary judgment to the defendant with regard to the claim based upon the 2001 high school and middle school principal positions as barred by the statute of limitations. (Doc. 51).
On February 20, 2007, a jury trial was commenced on the issue of whether defendant failed to hire plaintiff for the position of assistant superintendent in 2002 due to gender discrimination. The jury returned a verdict in favor of the plaintiff and against the defendant on February 26, 2007. (Doc. 113, Verdict). The jury found that defendant had discriminated against plaintiff based upon her gender in violation of 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of 1964 by failing to hire her for the assistant to the superintendent position in June 2002. (Id.). The jury awarded her $10,000.00 in compensatory damages for such things as mental pain and suffering. (Id.). Plaintiff now requests equitable relief in the form of back pay, front pay and prejudgment interest. With the agreement of counsel, we delayed ruling on these damages pending the jury's determination of liability. Now, based upon the jury's finding of discrimination, we turn to these issues.
As this case is brought pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1983 for unlawful employment discrimination we have jurisdiction under 28 U.S.C. § 1331 ("The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."). We have supplemental jurisdiction over the plaintiff's state law claims pursuant to 28 U.S.C. § 1367.
The Third Circuit Court of Appeals has described the equitable remedies that can be awarded to a Title VII plaintiff as follows:
Title VII provides broad equitable discretion, which courts must exercise in light of the large objectives of the Act. The primary objective of Title VII is the elimination of discrimination in the workplace. A central purpose of Title VII relief is to make persons whole for injuries suffered on account of unlawful employment discrimination and to restore the plaintiff as fully as possible to the position he otherwise would have been in absent discrimination.
Gunby v. Pennsylvania Elec. Co., 840 F.2d 1108, 1122 (3d Cir. 1988)(internal quotation marks and citations omitted).
As noted above, plaintiff seeks back pay, front pay and interest. We will address each in turn.
Back pay is a remedy used to compensate for the past wages that the plaintiff lost because of the defendant's discrimination. Blum v. Witco Chemical Corp., 829 F.2d 367, 373-74 (3d Cir. 1987). The amount of back pay can be determined by calculating the difference between the wages the plaintiff would have ...