FEDERALCourt of Appeals for the Eighth Circuit
1990

Kenneth G. Hicks, Appellee/cross-Appellant v. Brown Group, Inc., D/B/A Brown Shoe Company, Inc., Appellant/cross-Appellee

902 F.2d 630Court of Appeals for the Eighth Circuit • Decided 1990Enforced
Dispute ResolutionCited 72 times

HOLDING

Kenneth Hicks sued Brown Shoe Company after being fired, claiming racial discrimination violated federal law (42 U.S.C. § 1981). A jury found the company guilty and awarded him $10,000 in punitive damages plus attorney fees. The appeals court upheld the verdict, ruling that discriminatory discharge is illegal because it destroys the core benefit of an employment contract. This matters to subcontractors because it establishes that race-based firing is actionable and can result in significant financial penalties for companies.

KEY FINDINGS

Dispute Resolution

Discriminatory discharge based on race violates federal law and is fully actionable in court—companies cannot defend this conduct

FULL COURT OPINION