Woodard v. Fanboy, L.L.C.

No. 00-12507 (11th Cir. July 26, 2002) ; Clearinghouse Number: 54832

Description

Tenant Presented Sufficient Evidence to Support Jury’s Finding of Familial-Status Discrimination

Abstract

The Eleventh Circuit has held that plaintiff presented sufficient evidence to support a jury’s finding of familial-status discrimination. Plaintiff tenant lived in defendant landlord’s apartment building with her ten-year-old daughter and eight-year-old son. After defendant evicted plaintiff, she brought suit claiming that defendant had discriminated against her in violation of the Fair Housing Act, 42 U.S.C. § 3604(b). Plaintiff alleged that defendant evicted her because she would not have sex with him and because she had children. The jury found in plaintiff’s favor and awarded her $8,000 in damages. However, the district court overturned the verdict, finding that insufficient evidence supported plaintiff’s familial-status claim. Accordingly, the court ordered a new trial of plaintiff’s sex discrimination claim. Plaintiff appealed. Reversing, the court of appeals held that plaintiff’s familial-status discrimination claim was supported by sufficient evidence. The court found that the evidence at trial was capable of refuting defendant’s claim that plaintiff’s apartment was “filthy.” The court also found that a reasonable jury could find that defendant’s second asserted nondiscriminatory reason for evicting her—that plaintiff and her children were responsible for trash left outside her apartment—was also a pretext. Noting that defendant advanced no other reason for plaintiff’s eviction, and finding that defendant was generally hostile to plaintiff’s children, the court concluded that plaintiff had presented sufficient evidence to support a jury’s finding of familial-status discrimination.

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Attorney Information
Docket Date
2002-07-26 00:00:00+00:00

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