Walter R. and Marilyn K. Easter - Page 5

                                        - 5 -                                         
          discrimination claim under Title VII of the Civil Rights Act of             
          1964 against their employer.  The parties eventually reached a              
          settlement in which the employees would receive varying amounts             
          based on length of service and rate of pay.  The employer                   
          withheld Federal income taxes on the amounts received by the                
          taxpayers.  Id. at 230-231.  The taxpayers sought refunds of the            
          withheld taxes on the ground that the settlement amounts were               
          excludable under section 104(a)(2) as "damages received * * * on            
          account of personal injuries or sickness."  Id. at 232.                     
               The Supreme Court held that the nature of the claim                    
          underlying the taxpayers' settlement awards controlled the                  
          excludability of the settlements under section 104(a)(2).  Id. at           
          237.  The Court noted that Title VII under the 1964 Civil Rights            
          Act limited "available remedies to backpay, injunctions, and                
          other equitable relief."  Id. at 238.  The Court further stated             
          that                                                                        
               The remedy, correspondingly, consists of restoring victims,            
               through backpay awards and injunctive relief, to the wage              
               and employment positions they would have occupied absent the           
               unlawful discrimination.  * * *  Nothing in this remedial              
               scheme purports to recompense a Title VII plaintiff for any            
               of the other traditional harms associated with personal                
               injury, such as pain and suffering, emotional distress, harm           
               to reputation, or other consequential damages * * *                    
          Id. at 239.  Since the taxpayers could receive under Title VII              
          only wages, which they otherwise would have paid taxes upon in              
          the normal course, the Court held that Title VII did not redress            
          "a tort-like personal injury within the meaning of section                  





Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011