Novant executive claimed in lawsuit that he was fired because he is a white male.
The attorney for a former top executive of Novant Health who was awarded $10 million Tuesday by a federal jury says the discrimination lawsuit was not a statement against diversity and inclusion initiatives.
David Duvall's 2019 lawsuit said he lost his job as senior vice president of marketing and communication the year before because of Novant's effort to diversify its top leadership—and he is a white male. The firing came without warning or explanation shortly before his fifth anniversary with the North Carolina-based health system, and he was replaced by two women, one Black and one white, according to the lawsuit.
Duvall accused Novant of violating Title VII of the Civil Rights Act, which prohibits race and gender discrimination in the workplace.
"The jury learned that Duvall was a strong advocate of diversity and inclusion at Novant; that was one irony in his termination," his attorney, S. Luke Largess, said in a statement. "We are pleased that the jury agreed that Mr. Duvall’s race and gender were unlawful factors in his termination—that he was fired to make room for more diverse leaders at Novant Health."
News outlets report the jury said Novant Health failed to prove it would have dismissed Duvall regardless of his race.
"We believe the punitive damages award is a message that an employer cannot terminate and replace employees simply based on their race or gender in order to achieve greater diversity in the workforce," Largess said. "It is plainly unlawful and that was obvious to the jury."
Novant plans to appeal, according to a statement issued by the company.
"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. We will pursue all legal options, including appeal, over the next several weeks and months," the statement reads.
"Novant Health is one of thousands of organizations to put in place robust diversity and inclusion programs, which we believe can co-exist alongside strong non-discriminatory policies that extend to all races and genders, including white men," the statement concluded. "It’s important for all current and future team members to know that this verdict will not change Novant Health’s steadfast commitment to diversity, inclusion, and equity for all."
“The jury learned that Duvall was a strong advocate of diversity and inclusion at Novant; that was one irony in his termination.”
S. Luke Largess, plaintiff's attorney
Carol Davis is the Nursing Editor at HealthLeaders, an HCPro brand.
KEY TAKEAWAYS
A former top executive of Novant Health who claimed reverse discrimination was awarded $10 million Tuesday by a federal jury.
The jury said Novant Health failed to prove it would have dismissed Duvall regardless of his race, news outlets report.
Novant plans to appeal, according to a statement issued by the company.