Gowski, M.D., et al. v. Peake

This appeal and cross-appeal arose from a jury verdict and award of damages and injunctive relief in favor of plaintiffs, Doctors Gowski and Zachariah, in their discrimination, retaliation, and hostile work environment suit against the Secretary of the Department of Veterans Affairs (VA). At issue was whether this circuit recognized a retaliatory hostile work environment claim and, if so, whether the evidence in this case was sufficient to support the jury's verdict and damages award. The court concluded that a retaliatory hostile work environment was a viable claim and, after a thorough review of the record and with the benefit of oral argument, the court affirmed the district court's denial of the motion for judgment as a matter of law and for a new trial, the remittur, the vacatur of the lost-wages award, and the award of attorneys' fees. The court also affirmed in part the grant of injunctive relief, but remanded in part the injunctive award with instructions for the district court to strike the award as it pertained to the removal of the doctors' disciplinary files and the prevention of their use in any further disciplinary action; the order that the doctors be appointed to additional hospital committees; the order that Dr. Gowski be placed back on the rotation for duty assignments and be permitted to obtain the necessary credentials and privileges to do so; and the order that Dr. Zachariah be permitted to continue her research. View "Gowski, M.D., et al. v. Peake" on Justia Law