*A white man from Michigan has been awarded $10 million from a North Carolina jury as part of his racial discrimination lawsuit against his former employer.
NBC News reports David Duvall sued the not-for-profit health company Novant Health in 2019 after he was fired from his senior vice president of marketing and communications position one year prior. Duvall claimed he was fired “as part of an intentional campaign to promote diversity in its management ranks.”
Duvall was fired shortly before his fifth anniversary in an attempt to avoid paying him a greater severance, his attorney, Luke Largess, alleges.
Duvall’s position was later filled by a Black woman and white woman.
“His lawsuit, however, was decidedly not a statement against diversity and inclusion programs,” Largess said. “The jury learned that Duvall was a strong advocate of diversity and inclusion at Novant.”
Duvall argued that the company violated Title VII of the Civil Rights Act.
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David Duvall Wiki – David Duvall Biography
David Duvall sued Novant Health in North Carolina, where he had served for five years as Senior Vice President of Marketing and Communications and was praised by colleagues and supervisors, in 2018.https://t.co/OT6j0mGABd pic.twitter.com/PtghwF8bMG— WikiBious (@WikiBious) October 28, 2021
“Defendant’s termination of Plaintiff on account of his race and sex directly violated this express public policy of the State of North Carolina. Thus, the termination of Plaintiff was wrongful and unlawful under state law,” the complaint states.
A jury ruled in favor of Duvall, noting that Novant Health didn’t do enough to prove that race and gender were not a motivator in his firing.
Duvall was awarded $10 million in punitive damages.
“The jury learned that Duvall was a strong advocate of diversity and inclusion at Novant; he sat on an executive committee that supported the initiative and his team provide marketing for the program. That was one irony in his termination, his belief in Diversity and Inclusion. But such programs have to be run lawfully,” Largess said.
“We believe the punitive damages award was a message that an employer cannot terminate and replace employees simply based on their race or gender in order to achieve targets for greater diversity in the workforce. It is plainly unlawful and harmful and that was obvious to the jury,” he added.
A spokesperson said in a written statement: “Novant Health is one of thousands of organizations to put in place robust diversity and inclusion programs, which we believe can co-exist alongside strong non-discriminatory policies that extend to all races and genders, including white men. It’s important for all current and future team members to know that this verdict will not change Novant Health’s steadfast commitment to diversity, inclusion and equity for all.”
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