An individual who brings a Title VII discrimination or retaliation suit “takes on the mantel of the sovereign,” Jenkins v. United Gas Corp., 400 F.2d 28, 32 (5th Cir. 1968). The Civil Rights Act of 1866 and Title VII’s purposes are to eliminate discrimination and recompense those who have suffered from it. Id. The Fifth Circuit has said:
When, as frequently is the case, the alleged discrimination has been practiced upon the plaintiff because he is a member of a class that is allegedly discriminated against, the court trying a Title VII suit bears a special responsibility in the public interest to resolve the employment dispute by determining the facts regardless of the individual plaintiff’s position, Bowe v. Colgate-Palmolive Company, 7 Cir., 1969, 416 F.2d 711, 715, for “[w]hether in name or not, the suit is perforce a sort of class action for fellow employees similarly situated.” Jenkins at 33.
Hutchings v. United States Industries, Inc., 428 F.2d 303, 310 (5th Cir. 1970).
Injunctive relief in single plaintiff cases may sometimes be proper. See Meyer v. Brown & Root Const., 661 F.2d 369, 374 (5th Cir. 1981). (“lnjunctive relief which benefits non-parties may sometimes be proper even where the suit is not brought as a Rule 23 class action. In Title VII cases, “once the judicial machinery has been set in train, the proceeding takes on a public character in which remedies are devised to vindicate the policies of the Act, not merely to afford private relief to the employee.” Gordon v. JKP Enterprises Inc., 2002 WL 753496, at *7 (C.A.5 2002) (quoting Hutchings v. U.S. Indus., Inc., 428 F.2d 303, 311 (5th Cir.1970).)
In addition to monetary justice, additional orders from a Court may be necessary to protect the victim of a violation. We suggest seeking the following injunctive relief might from the Court after a successful trial:
- refrain from stating that the Plaintiff was terminated for poor performance;
- place a copy of the judgment in Plaintiff’s personnel file;
- designate Plaintiff as eligible for rehire;
- revise the employer’s employment policy to include detailed steps for an investigation of a complaint; and
- provide training for every manager on recognizing signs of unlawful retaliation, by a licensed attorney not an employee or who has previously provided services to the employer and keep a record of each person and the date of attendance, with the training to be completed within three years of the date of judgment.