David Duvall, a White former executive, received a $10 million payout following a wrongful termination lawsuit against his former employer, who he claims fired and replaced him with two women to increase diversity.
Duvall, who was hired as senior vice president of marketing and communications at the nonprofit health company Novant Health, was suddenly fired in 2018 “without any explanation as to why that promised ‘normal circumstances’ did not apply,” the complaint reads.
As CNN begrudgingly reported, “The lawsuit alleged that Duvall, who was “performing at a high level and exceeding the performance expectations,” was then replaced by a White woman and a Black woman “for the express purpose of increasing gender and racial diversity among Novant executives,” which his attorney, Luke Largess, argued constituted discrimination based on sex and race.”
The jury ultimately sided with Duvall, finding that Novant Health failed to prove that their decision to fire Duvall was based on anything other than his race and gender.
Despite the jury’s finding, Novant Health denies that race or gender played a role in their decision and that, for some reason, they chose not to prevent this third factor at the civil jury trial, which cost them $10 million and damaged their reputation.
“We are extremely disappointed with the verdict as we believe it is not supported by the evidence presented at trial, which includes our reason for Mr. Duvall’s termination.” A Novant Health statement reads. “We will pursue all legal options, including appeal, over the next several weeks and months.”
There is also a significant component of irony to Duvall’s case, as he sat on the executive committee that introduced the diversity initiative that led to his termination.
“The jury learned that Duvall was a strong advocate of diversity and inclusion at Novant; he sat on an executive committee that supported the initiative and his team provide[d] marketing for the program. That was one irony in his termination, his belief in Diversity and Inclusion. But such programs have to be run lawfully,” Largess told CNN.
“We believe the punitive damages award was a message that an employer cannot terminate and replace employees simply based on their race or gender in order to achieve targets for greater diversity in the workforce. It is plainly unlawful and harmful and that was obvious to the jury.”
