- 8 - that title VII is the basis for the underlying claim. The nature of petitioner's claim is the same as that articulated in the complaint filed by the Kraszewski class representatives, which alleged that State Farm had engaged in statewide discrimination in the recruiting, hiring, and training of women for sales agent trainee positions in violation of title VII. The plaintiffs sought backpay and injunctive and declaratory relief. In Kraszewski v. State Farm Gen. Ins. Co., 38 Fair Empl. Prac. Cas. (BNA) 197 (N.D. Cal. 1985), the District Court ruled that State Farm was liable under title VII to all members of the class who had been discriminated against and ordered individual hearings. Our decision is controlled by the Supreme Court's holding in United States v. Burke, supra. In Burke, the Court considered whether amounts received in settlement of a claim under title VII of the CRA of 1964 were excludable under section 104(a)(2). The Court analyzed title VII and concluded that it did not provide for remedies to recompense claimants for tort type personal injuries. Instead, as the Court noted, title VII limited the available remedies to backpay, injunctions, and other equitable relief.7 Id. at 238. As a result, the Court concluded that 7The Supreme Court also observed that some courts have permitted tit. VII claimants under certain circumstances to recover front pay or future lost earnings. United States v. Burke, 504 U.S. 229, 239 n.9 (1992); see also Shore v. Federal Express Corp., 777 F.2d 1155, 1158-1160 (6th Cir. 1985). Petitioner's settlement proceeds in the instant case included a (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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