Cloutier v. GoJet Airlines, LLC

Pilot John Cloutier (plaintiff) sued his former employer, GoJet Airlines, LLC (GoJet) (defendant), alleging that GoJet terminated him because of his disability, violating the Americans with Disabilities Act (ADA). Cloutier sought backpay compensating him for lost wages between his termination and the time of judgment. GoJet argued that backpay should be significantly reduced because Cloutier failed to properly mitigate his damages. In 2014, Cloutier was offered a job with Republic Airways (Republic). However, Cloutier did not accept the offer because it required him to execute a promissory note agreeing to pay Republic $25,000 if he left the company within two years. In 2015, Cloutier began working for SkyWest at a rate lower than his GoJet compensation. In April 2017, when Cloutier’s suit had been pending for 17 months, GoJet offered to reinstate Cloutier to his former captain position with the same compensation and benefits. The offer did not require Cloutier to drop his ADA action. However, it required Cloutier to complete the Federal Aviation Administration training program, unless he received exemptions. Cloutier, who cared for a disabled son, would have struggled to be away from home for the three-to-four-week training period. Additionally, if Cloutier returned to GoJet, he would be working under the people whose prior conduct was the basis of his ongoing suit. Cloutier declined GoJet’s offer. Based on the evidence, GoJet argued that backpay should be reduced by the amount Cloutier earned at SkyWest and the amount he could have earned at Republic from 2014 to 2015. GoJet further argued that Cloutier could not recover backpay after May 2017 because he rejected the reinstatement offer. The district court considered GoJet’s arguments.