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David Duvall: Former exec wins $10M suit after he was fired for being a White male

Novant Health failed to prove that the company would have dismissed the top executive regardless of his race and gender, the jury ruled
PUBLISHED OCT 28, 2021
David Duvall proved race and gender were motivating factors in his termination from Novant Health (Henry Ford Health System)
David Duvall proved race and gender were motivating factors in his termination from Novant Health (Henry Ford Health System)

A former top executive with Novant Health Inc was awarded $10 million by a federal jury in Charlotte on Tuesday, October 26, after he reportedly filed a lawsuit claiming the company fired him from his job because he is a White male.

Michigan resident David Duvall claimed in his 2019 lawsuit that he was removed from his position as senior vice president of marketing and communication in July 2018 at Novant Health after the company launched a campaign to diversify several of its top leadership positions. The jury ruled that Duvall had proved that race and gender were motivating factors in his termination from Novant Health. Meanwhile, the company had failed to prove that it would have dismissed him regardless of his race, per the jury verdict form, the Winston-Salem Journal reported.

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“We are pleased that the jury agreed that Duvall’s race and gender were unlawful factors in his termination — that he was fired to make room for more diverse leaders at Novant,” Duvall’s attorney S. Luke Largess said in a statement Tuesday night, October 26. “Duvall was a strong advocate of diversity at Novant,” Largess added. “We believe the punitive damages award is a message that an employer cannot terminate and replace employees in order to achieve greater diversity in the workforce.”

According to the report, Novant Health had argued that Duvall was fired because of his poor leadership skills, further noting that he had admitted in a deposition that he didn't think he was being discriminated against during the tenure of his employment with the company. The Winston-Salem-based firm responded to the verdict in a statement Tuesday night. “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,” Novant Health spokeswoman Megan Rivers bemoaned in the statement. “We will pursue all legal options, including appeal, over the next several weeks and months.

“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,” Rivers said. “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.”

Duvall claimed in his lawsuit that he was fired without warning or explanation shortly before his fifth anniversary with the company. He was replaced by two women, one Black and one White. The former executive accused Novant Health of violating Title VII of the Civil Rights Act, which prohibits race and gender discrimination in the workplace. “Defendant’s (Novant Health’s) termination of (Duvall) for the purpose of improving diversity constituted discrimination based on sex and race,” his lawsuit stated.

Novant Health is a four-state integrated network of physician clinics, outpatient centers, and hospitals that currently employs more than 35,000 workers and has more than 2,300 doctors at nearly 800 locations. Annually, the company serves more than 6 million patients.

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