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jury awarded a sexual harassment plaintiff $831,028. The employer tried to knock that down to $181,028 using a Title VII damages cap. A federal appeals court just said: you waived it.
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DR: The Eleventh Circuit reversed a post-trial damages reduction, holding that Title VII’s employee-headcount damages cap is a waivable affirmative defense. Because the employer never pleaded the cap in its answer, never raised it in the pretrial stipulation,