Yolanda Martinez Aug. 8, 2013, 2:42pm

NEW ORLEANS - A man who filed an age discrimination claim against an aerospace and defense company won part of his appeal in the U.S. Court of Appeals for the Fifth Circuit concerning a district court’s decision to reduce the amount he received in damages.

Richard Miller claim’s his position of supply chain manager at the Raytheon Company was terminated in March 2008. After his termination he filed a lawsuit under the Age Discrimination in Employment Act (ADEA) and Texas Commission on Human Rights Act (TCHRA). A jury eventually sided with Miller and awarded him damages totaling $17 million.

The district court agreed with the jury’s decision in favor of Miller, but denied him from recovering both liquidated damages under the ADEA and $15 million in punitive damages under the TCHRA. Both Miller and Raytheon appealed the decision.

The appeals court agreed with the district court, but found that damages should be reconsidered as awards for front pay, not back pay.

The court decided that “judgment must be changed to treat this pension enhancement as front pay and eliminate it as a basis for liquidated damages.”

In a per curiam opinion, Circuit Judges Edith H. Jones, Emilio M. Garza and Edward C. Prado affirmed the district court’s finding of liability and part of the liquidated damages. It remanded for reconsideration of the front pay award.

Case no. 11-10586 and 11-10988.

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