Stanley D. Dowd and Richard Brown, Jr. v. United Steelworkers of America, Local No. 286

I respectfully dissent from that portion of subpart 11(B) of the court’s opinion wherein the court concludes that the statutory term “employees” in 42 U.S.C. § 1981a(b)(3) really means “members” when a labor organization’s liability is determined. I readily concur in the balance of the court’s opinion.

As outrageously egregious as the evidence supporting the jury’s verdict shows the racially motivated conduct of some of the union members and union stewards to have been, and irrespective of how strongly I believe the plaintiffs should be compensated for their emotional distress as an abstract…