Submitted October 2, 2017 Seattle, Washington
from the United States District Court for the Western
District of Washington D.C. No. 2:13-cv-01793-JPD, James P.
Donohue, Magistrate Judge, Presiding Argued and
D. Miller (argued) and James Sanders, Perkins Coie LLP,
Seattle, Washington, for Defendant-Appellant/Cross-Appellee.
Alexander J. Higgins (argued), Law Offices of Alex J.
Higgins, Seattle, Washington; Rebecca E. Ary, Law Office of
Rebecca E. Ary, Seattle, Washington; Daniel F. Johnson,
Breskin Johnson & Townsend, Seattle, Washington; for
Before: Kim McLane Wardlaw, Richard R. Clifton, and John B.
Owens, Circuit Judges.
panel vacated the district court's order denying the
plaintiff a tax adjustment of a damages award in a Title VII
with the Third, Seventh, and Tenth Circuits, the panel held
that in Title VII cases, district courts have discretion to
award the equitable relief of a "gross-up"
adjustment to compensate for increased income-tax liability
resulting from a plaintiff's receipt of a back-pay award
in one lump sum.
panel remanded the case for further proceedings. It addressed
other issues in a concurrently filed memorandum disposition.
Clemens, Jr., sued his employer Qwest Corporation
("Qwest") for Title VII violations. A jury awarded
damages for back pay and emotional distress, as well as
punitive damages. On appeal, Clemens challenges the district
court's refusal to consider adjusting his lump-sum
back-pay award to account for the corresponding increase in
his tax liability. We have jurisdiction under 28 U.S.C.
§ 1291. We vacate the district court's order denying
a tax adjustment and remand for further
FACTS AND PROCEDURAL HISTORY
2008, Qwest initiated disciplinary proceedings against
Clemens, a long-time employee and active union member. For a
period longer than the American Civil War, Clemens and Qwest
contested his work performance in internal proceedings and