The jury hearing the religious discrimination lawsuit against Emporia State University has sided with the plaintiff.
The jury says Dusti Howell’s “religious exercise” was “substantially burdened” by Emporia State, current Dean of the Teachers College Joan Brewer and former IDT department head Jim Persinger. The jury also says Howell had “adverse employment circumstances” as a result of his religious exercise and ESU did not offer “reasonable accommodations,” but there was no retaliation for criticizing ESU, Brewer and Persinger.
With that in mind, the jury awarded Howell $3 million in punitive damages connected to a federal Title VII complaint, as well as $1.5 million in non-economic damages as well as nearly $700,000 in a combination of back pay and front pay. Howell’s attorney, Linus Baker, says the judge needs to determine punitive damages for a Kansas religious preservation state claim, as well as attorney fees and tax compensation as Howell changes tax brackets.
An appeal is likely.
Howell had served as a professor for nearly 25 years but began noting concerns in 2018, saying Brewer and Persinger did not let him be involved in certain holy day observances and unduly created lengthy review times for requested time off. He also says ESU demoted him before he ultimately separated from the university.
