Asbury University v. Powell

Deborah Powell, the former women’s basketball coach at Asbury University, filed suit against the University, asserting claims of defamation, gender discrimination, and retaliation. The jury returned a verdict in the University’s favor on the defamation and discrimination claims but in Powell’s favor on the retaliation claim. The trial court awarded Powell damages and attorney's fees and costs. The court of appeals affirmed. The Supreme Court affirmed, holding (1) a claim of unlawful employer retaliation under Ky. Rev. Stat. 344.280(1) does not require an underlying violation of the Kentucky Civil Rights Act; (2) there was sufficient evidence to find unlawful retaliation; (3) the admission of opinion testimony by a former employee of the university that Powell’s conduct had been “wholly innocent” was harmless; (4) the University was not entitled to an employment-at-will jury instruction; (5) the University was not entitled to a new trial for alleged defects in the jury’s damages verdict; and (6) the award of attorneys’ fees and costs was not unreasonable. View "Asbury University v. Powell" on Justia Law