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A resolution authorizing the Metropolitan Department of Law to compromise and settle Maggie Lawrence’s claim against the Metropolitan Government of Nashville and Davidson County in the amount of $545,806.66, with $45,806.66 reflecting back pay to be paid from the Nashville Fire Department’s operating budget and the remaining $500,000.00 to be paid from the Judgments and Losses Fund.
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WHEREAS, Maggie Lawrence, a Deputy Fire Marshal, filed suit against the Metropolitan Government of Nashville and Davidson County, alleging discrimination and retaliation in violation of Title VII and the ADEA stemming her not being selected to the position of Fire Marshal; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government, and recommends that Maggie Lawrence’s claim be compromised and settled for $545,806.66, and that this amount be paid as follows: $45,806.66 in back pay to be paid from the Nashville Fire Department’s operating budget and $500,000.00 from the Judgments and Losses Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle Maggie Lawrence’s claim for the sum of $545,806.66, with $45,806.66 reflecting back pay to be paid from the Nashville Fire Department’s operating budget and the remaining $500,000.00 to be paid from the Judgments and Losses Fund.
Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
In January 2021, Deputy Fire Marshal Maggie Lawrence was not selected for the position of Fire Marshal and was later suspended for secretly recording meetings. Ms. Lawrence sued the Nashville Fire Department and alleged age discrimination, gender discrimination, and retaliation under the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. Ms. Lawrence sought back pay, compensatory damages, and attorney fees.
The case was tried in federal court on the week of May 4, 2024. A jury found in favor of Ms. Lawrence on her discrimination claims and in Metro’s favor on her retaliation claim. The jury awarded Ms. Lawrence $225,000 in compensatory damages and $45,806.66 in back pay. Because of her favorable verdict, Ms. Lawrence is also entitled to attorney fees, and her counsel has submitted an initial fee application of $309,950 to the district court.
Metro planned to file post-trial motions and possibly appeal the verdict based on the trial court’s failure to include a particular jury instruction and failure to rule in Metro’s favor as a matter of law. However, jury verdicts are difficult to overturn, and trial judges have wide discretion in crafting jury instructions. If Metro were not to prevail post-trial or on appeal, Ms. Lawrence would be entitled to her award with additional attorney fees tied to the post-trial filings and subsequent appeal.
The Department of Law recommends settling Ms. Lawrence’s claims against the Metropolitan Government for $545,806.66, to be paid from a combination of the Nashville Fire Department’s operating budget ($45,806.66) and the Judgment and Losses Fund ($500,000). The settlement includes the awarded compensatory damages, the awarded back pay, and $275,000 in attorney fees. The attorney fees portion is less than the amount sought by the plaintiff’s attorneys, which could increase based on continued litigation. In addition, as part of the settlement, Metro would forego any further litigation as part of the agreement. Ms. Lawrence would also agree to retire from the Nashville Fire Department.
Fiscal Note: This settlement would be paid from the Judgment and Losses Fund in the amount of $500,000 and $45,806.66 from the Nashville Fire Department operating budget. This settlement would be the 1st payment from the Judgment and Losses Fund in FY25 for a cumulative total of $500,000. The fund balance would be $20,843,239 after this payment.