McKinnon v. Kwong Wah Restaurant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that punitive damages require a higher standard than compensatory damages and requiring a showing of malice or reckless indifference to federal rights
• holding that Title VII’s charging requirement is an affirmative defense
• recognizing an exception where: (1) a substantial identity of interest exists between the named and unnamed parties, (2) the named respondent acted as the unnamed party’s agent, or (3) the unnamed party is indispensable
• recognizing exception to charging requirement in cases of ‘substantial identity’ between the respondent named, or where named respondent acted as agent of defendant who had notice of and participated in conciliation proceedings, or defendant is ‘indispensable party’
• treating as waivable the requirement that all defendants sued on a Title VII claim must have been named in the EEOC charge
• awarding $2,500 in emotional distress compensatory damages where emotional distress was caused, in part, by sources independent from the defendant’s conduct

Source: CourtListener parenthetical corpus (CC0).