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Victory in Gender Discrimination Claim
United States District Court for the District of New Hampshire
Nicole L. L’Etoile v. New England Finish Systems, Inc.
Civil. No. 06-CV-00390-JL
Today, in Concord, New Hampshire, in the United States District Court for the District of New Hampshire, an eight (8) person jury rendered a verdict in favor of Nicole L’Etoile of Londonderry, New Hampshire against New England Finish Systems, Inc. of Salem, New Hampshire on her claim of gender discrimination brought pursuant to Title VII of the Civil Rights Act of 1967. The jury found that New England Finish Systems, Inc., a construction company, subjected Ms. L’Etoile to a hostile work environment based upon her gender during her employment as a drywall finisher for the company from January, 2002 through April, 20041.
After a nine (9) day trial, the jury awarded Ms. L’Etoile Two Hundred Thousand Dollars ($200,000.00) in compensatory damages for emotional pain and suffering, humiliation, inconvenience, loss of enjoyment of life, fears, anxiety, and other mental or emotional distress. In addition, the jury awarded Ms. L’Etoile Two Hundred Thousand Dollars ($200,000.00) in punitive damages, which may be awarded to punish a defendant and to deter the defendant and others from committing similar acts in the future. Title VII also provides for an award of attorneys’ fees and costs to a prevailing plaintiff to be paid by the defendant.
Ms. L’Etoile was represented by Heather M. Burns, Esquire, attorney with Upton & Hatfield, LLP, 10 Centre Street, Concord, New Hampshire.
1Judge Joseph N. Laplante instructed the jury that to succeed on the Hostile Work Environment claim, Ms. L’Etoile had to prove, by a preponderance of the evidence, that she was subjected to conduct which: (1) was severe or pervasive; (2) altered the conditions of her employment; (3) created an abusive working environment; and (4) was motivated, at least in part, by Ms. L’Etoile’s sex.
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