Pollard v. E. I. du Pont de Nemours & Co., 532 U.S. 843, 8 (2001)

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850

POLLARD v. E. I. du PONT de NEMOURS & CO.

Opinion of the Court

as the court deems appropriate." After this amendment to § 706(g), courts endorsed a broad view of front pay. See, e. g., Patterson v. American Tobacco Co., 535 F. 2d 257, 269 (CA4 1976) (stating that where reinstatement is not immediately feasible, backpay "should be supplemented by an award equal to the estimated present value of lost earnings that are reasonably likely to occur between the date of judgment and the time when the employee can assume his new position"); EEOC v. Enterprise Assn. Steamfitters, 542 F. 2d 579, 590 (CA2 1976) (stating that backpay award would terminate on the date of actual remedying of discrimination); Bush v. Lone Star Steel Co., 373 F. Supp. 526, 538 (ED Tex. 1974) (ordering backpay from the date the employee would have been entitled to fill a vacancy but for racial discrimination to the date the employee would in all reasonable probability reach his rightful place). Courts recognized that reinstatement was not always a viable option, and that an award of front pay as a substitute for reinstatement in such cases was a necessary part of the "make whole" relief mandated by Congress and by this Court in Albemarle. See, e. g., Shore v. Federal Express Corp., 777 F. 2d 1155, 1158- 1159 (CA6 1985) ("Front pay is . . . simply compensation for the post-judgment effects of past discrimination." It is awarded "to effectuate fully the 'make whole' purposes of Title VII"); Brooks v. Woodline Motor Freight, Inc., 852 F. 2d 1061, 1066 (CA8 1988) (stating that front pay was appropriate given substantial animosity between parties where "the parties' relationship was not likely to improve, and the nature of the business required a high degree of mutual trust and confidence"); Fitzgerald v. Sirloin Stockade, Inc., 624 F. 2d, at 957 (upholding award of front pay where continuing hostility existed between the parties); Cassino v. Reichhold Chems., Inc., 817 F. 2d 1338, 1347 (CA9 1987) (same). By 1991, virtually all of the courts of appeals had recognized that "front pay" was a remedy authorized

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