Unemployment compensation, private right of action, disparate treatment.

Darryl Thurman, a former employee of Yellow Freight Systems, files a complaint against the company with the Equal Employment Opportunity Commission. Thurman worked at the company as a part-time employee. He established an excellent employment record and was given private assurances that he would be offered a full-time job when a position was available. However, the company passed over Thurman and hired five white workers. Thurman filed suit, claiming race discrimination.

The U.S. District Court for the Western District of Tennessee ruled that Yellow Freight knowingly discriminated against Thurman on the basis of race. The court awarded Thurman $95,782 in back pay, costs, and attorney's fees. The court denied him reinstatement, pension benefits, pre-judgment interest, punitive damages, and front pay. The court also deducted unemployment compensation and worker's compensation from the back pay award because Thurman had gone to work for another company. Both Thurman and Yellow Freight Systems appeal the ruling.

A split decision. The U.S. Court of Appeals for the Sixth Circuit affirmed the lower court's ruling concerning Thurman's back pay, attorney's fees and reinstatement. However, the court reversed the lower jurisdiction's ruling on the issue of pre-judgment interest. The court remanded the case for additional review.