Tyree v. Riley

• Decision Date: 07 February 1992
• Docket Number: Civ. A. No. 88-2494 (AJL).
• Citation: 783 F. Supp. 877
• Parties: George R. TYREE, Plaintiff, v. John H. RILEY, Administrator, United States Department of Transportation, Federal Railroad Administration, Defendant.
• Court: U.S. District Court — District of New Jersey

783 F. Supp. 877

George R. TYREE, Plaintiff, v. John H. RILEY, Administrator, United States Department of Transportation, Federal Railroad Administration, Defendant.

Civ. A. No. 88-2494 (AJL).

United States District Court, D. New Jersey.

February 7, 1992.

George R. Tyree, pro se.

Michael A. Chagares, Asst. U.S. Atty., Newark, N.J., for defendant.

SUPPLEMENTAL OPINION

LECHNER, District Judge.

This is an employment discrimination action brought by pro se plaintiff George R. Tyree ("Tyree") under Title VII of the Civil Rights Act of 1964 ("Title VII") against defendant John H. Riley ("Riley"), Administrator of Federal Railroad Administration (the "FRA") of the United States Department of Transportation.¹ Jurisdiction is alleged pursuant to 28 U.S.C. §§ 1331 and 1343.

On 18 December 1991 Tyree filed a motion for a jury trial and compensatory damages as permitted under the recently enacted Civil Rights Act of 1991 (the "1991 Civil Rights Act") Pub.L. No. 102-166, 105 Stat. 1071 (1991) (codified as amended at 42 U.S.C. §§ 1981, 2000e et seq. (1991).² On 27 January 1992, this motion was denied by a Letter-Opinion and Order, filed 27 January 1992 (the "27 January 1992 Opinion and Order"). The 27 January 1992 Opinion and Order was a four-page opinion which was designed to put the parties on notice for the trial scheduled for 6 March 1992. This supplemental opinion provides a more detailed rationale behind the 27 January 1992 Opinion and Order.

Discussion

As discussed below, courts in most of the circuits prior to the enactment of the 1991 Civil Rights Act have almost unanimously denied jury trials in Title VII cases. The 1991 Civil Rights Act, however, specifically provides for jury trials in Title VII cases. At issue is whether this provision applies retroactively to cases that were pending while the 1991 Civil Rights Act was passed and enacted into law.³

A. Case Law Prior to the Civil Rights Act of 1991

Prior to the enactment of the 1991 Civil Rights Act, compensatory and punitive damages were not allowed in Title VII cases. Congress specified that upon a finding of unlawful discrimination,

the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief the court deems appropriate.

42 U.S.C. § 2000e-5(g).

Courts have construed this section to bar compensatory and punitive relief and accordingly have limited Title VII relief to reinstatement and back pay. See, e.g., Eastman v. Virginia Polytechnic Inst. and State Univ., 939 F.2d 204, 208 (4th Cir.1991); Swanson v. Elmhurst Chrysler Plymouth, Inc., 882 F.2d 1235, 1237 (7th Cir.1989), cert. denied, 493 U.S. 1036, 110 S.Ct. 758, 107 L.Ed.2d 774 (1990); Bennett v. Corroon & Black Corp., 845 F.2d 104, 106 (5th Cir.1988), cert. denied, 489 U.S. 1020, 109 S.Ct. 1140, 103 L.Ed.2d 201 (1989).

The right to a jury trial is established by examining the "procedural and remedial sections of the statute creating the right." Cox v. Keystone Carbon Co., 861 F.2d 390, 392 (3d Cir.1988), cert. denied, ___ U.S. ___, 111 S.Ct. 47, 112 L.Ed.2d 23 (1990) (citing Tull v. United States, 481 U.S. 412, 417-18, 107 S.Ct. 1831, 1835-36, 95 L.Ed.2d 365 (1987) and Lorillard v. Pons, 434 U.S. 575, 584, 98 S.Ct. 866, 872, 55 L.Ed.2d 40 (1978)). Where the "particular remedial section in the statute provides for only equitable remedies then no right to a jury trial exists." Cox, 861 F.2d at 392 (citations omitted).

In deciding whether a statute provides for a jury trial, courts are to examine the statute's legislative history to determine whether Congress contemplated a jury trial. Id. at 393; Garcia v. PPG Indus., Inc., 139 F.R.D. 63, 64 (D.N.J.1991). If no legislative intent favoring a jury trial is found, courts are to examine whether the Seventh Amendment provides for a jury trial. Cox, 861 F.2d at 393; Garcia, at 64.

The courts of appeals which have examined the statutory framework of Title VII prior to the 1991 Civil Rights Act have been almost unanimous in concluding that Title VII does not afford plaintiffs a right to a jury trial. See, e.g., Ramos v. Roche Products, Inc., 936 F.2d 43, 49-50 (1st Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 379, 116 L.Ed.2d 330 (1991); Skinner v. Total Petroleum, Inc., 859 F.2d 1439, 1443-44 (10th Cir.1988); Wade v. Orange County Sheriff's Office, 844 F.2d 951, 953 (2d Cir.1988); Yatvin v. Madison Metro. School Dist., 840 F.2d 412, 418 (7th Cir. 1988); Davis v. West Community Hosp., 786 F.2d 677, 683 (5th Cir.), reh'g denied, 790 F.2d 890 (5th Cir.1986); see also Great Am. Fed. Sav. & Loan Ass'n v. Novotny, 442 U.S. 366, 374-75, 99 S.Ct. 2345, 2350, 60 L.Ed.2d 957 (1979).⁴

The Third Circuit has also declined to afford a jury trial to Title VII plaintiffs. See, e.g., Hayes v. Community Gen. Osteopathic Hosp., 940 F.2d 54, 57 (3d Cir. 1991), cert. denied, ___ U.S. ___, 112 S.Ct. 940, 117 L.Ed.2d 110 (1992) (jury acted in advisory capacity only); Andrews v. Philadelphia, 895 F.2d 1469, 1471 (3d Cir.1990) (section 1983 claim tried to jury; Title VII claim tried to bench); Roebuck v. Drexel Univ., 852 F.2d 715, 737 n. 40 (3d Cir.1988) ("The courts have declined to grant parties a right to a jury trial primarily because Title VII affords equitable rather than legal relief.") (citations omitted); Molthan v. Temple Univ., 778 F.2d 955, 960 (3d Cir. 1985) (plaintiff entitled to jury trial on section 1983 claims only and not for Title VII claims).

The Supreme Court has not expressed a view on whether a Title VII plaintiff is entitled to a jury trial. Chauffeurs, Teamsters & Helpers, Local No. 391 v. Terry, 494 U.S. 558, 572, 110 S.Ct. 1339, 1348, 108 L.Ed.2d 519 (1990) ("The Court has never held that a plaintiff seeking backpay under Title VII has a right to a jury trial"); Lytle v. Household Mfg., Inc., 494 U.S. 545, 549 n. 1, 110 S.Ct. 1331, 1335 n. 1, 108 L.Ed.2d 504 (1990) (holding in dicta that "this Court has not ruled on the question whether a plaintiff seeking relief under Title VII has a right to a jury"); Patterson v. McLean Credit Union, 491 U.S. 164, 211, 109 S.Ct. 2363, 2391, 105 L.Ed.2d 132 (1989), superseded by 1991 Civil Rights Act (noting that section 1981 claims provide for a jury trial while Title VII claims do not) (Brennan, J., concurring in part and dissenting in part); Lorillard, 434 U.S. at 583-84, 98 S.Ct. at 872 ("We, of course intimate no view as to whether a jury trial is available under Title VII as a matter of either statutory or constitutional right."); Curtis v. Loether, 415 U.S. 189, 196-97, 94 S.Ct. 1005, 1009-10, 39 L.Ed.2d 260 (1974) (generally discussing lack of jury trials in Title VII cases heard by the courts of appeals); see also Lehman v. Nakshian, 453 U.S. 156, 164, 101 S.Ct. 2698, 2703, 69 L.Ed.2d 548 (1981) (noting in dictum the absence of jury trials in Title VII actions); Novotny, 442 U.S. at 375, 99 S.Ct. at 2350 (same); see also Garcia, 139 F.R.D. at 66.

Courts which have rejected jury trial rights for Title VII cases focus on whether the text of the statute contemplated equitable relief or legal relief. In Cox, for example, the Third Circuit searched the statute at issue and, finding references only to "equitable relief" and not to "legal relief" in the statute, declined to find a jury trial right existed. 861 F.2d at 393.

The Supreme Court has relied on the same analysis in determining whether a statute provides for a jury trial right. In Lorillard, the Supreme Court considered whether the Age Discrimination in Employment Act, § 29 U.S.C. § 621, et seq. (the "ADEA"), allowed for a jury trial. 434 U.S. at 577, 98 S.Ct. at 868. The Supreme Court analyzed the statute and determined that it specifically "empowers a court to grant `legal or equitable relief.'" Id. at 583, 98 S.Ct. at 871.⁵ Accordingly, the court reasoned:

The word "legal" is a term of art: In cases in which legal relief is available and legal rights are determined, the Seventh Amendment provides a right to jury trial.

We can infer, therefore, that by providing specifically for "legal" relief, Congress knew the significance of the term "legal," and intended there would be a jury trial on demand....

Id. at 583, 98 S.Ct. at 871.

As for "legal relief" under Title VII, the Lorillard Court stated: "We note that Congress specifically provided for both `legal or equitable relief' in the ADEA, but did not authorize `legal' relief in so many words under Title VII." 434 U.S. at 584, 98 S.Ct. at 872.

The Supreme Court has held that back pay is most accurately characterized as equitable in nature. See Terry, 494 U.S. at 572-73, 110 S.Ct. at 1348-49 (acknowledging back pay under Title VII is generally characterized as equitable relief); Curtis, 415 U.S. at 197, 94 S.Ct. at 1010 (noting restitutionary nature of back pay); Lorillard, 434 U.S. at 584, 98 S.Ct. at 872 (stating that under Title VII, availability of back pay is a matter of equitable discretion); see also Albemarle Paper Co. v. Moody, 422 U.S. 405, 443, 95 S.Ct. 2362, 2385, 45 L.Ed.2d 280 (1975) (Rehnquist, J., concurring) ("The nature of the Title VII jurisdiction which the court exercises is equitable, and under our cases neither party may demand a jury trial."). Accordingly, under case law prior to the 1991 Civil Rights Act, Tyree would not be entitled to a jury trial.⁶

B. The Civil Rights Act of 1991

Section 102(c) of the 1991 Civil Rights Act adds 42 U.S.C. § 1981a which provides:

(a) Right of Recovery. —

(1) Civil Rights. — In an action brought by a complaining party under Title VII against a respondent who engaged in unlawful intentional discrimination ... the complaining party may recover compensatory damages....

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