Equal Employment Opportunity Commission v Beverage Distributors Company, LLC

Company appealed a judgment against it arguing the district court improperly inst5ructed the jury and improperly awarded a tax penalty offset. The panel reversed in part and remanded. It held the jury instruction on Company’s defense that the employee was a direct threat to himself or others was erroneous as it required company to prove an actual threat when the law only requires a reasonable belief of a threat. As the jury may have relied on the wrong standard which both in the instructions and on the verdict form, the judgment was reversed and the case remanded for further proceedings. The panel also held that the offset was proper as employee obtained a lump sum of back pay and the offset was necessary to place employee in the same position as if there were no discriminatory termination.