Tucker v. Housing Authority of the Birmingham District (507 F. Supp. 2d 1240, 2006)

MEMORANDUM OPINION

R. DAVID PROCTOR, District Judge.

The court has before it Plaintiffs Motion for Prejudgment Interest, Instatement and Injunctive Relief Or, in the Alternative, for Front Pay (Doc. # 194) filed February 16, 2006, and Defendant’s Motion for Judgment Notwithstanding the Verdict, or in the Alternative for a New Trial, or in the Alternative for Remittitur (Doc. # 199) filed February 23, 2006. The motions have been fully briefed, and the court held oral argument on March 29, 2006. For the reasons outlined below, the court finds that Defendant’s motion is due to be denied and Plaintiffs motion is due to be granted, in part.

I. Procedural History

Given that this case has been pending now for almost five years, a brief summary of the procedural history is appropriate to set the stage for the court’s discussion of the motions currently before the court. Plaintiff Barry Tucker commenced this action on August 13, 2001 by filing a complaint in this court against the Housing Authority of the Birmingham District (“HABD”) and several of its employees. (Doc. # 1). Tucker later amended his complaint to allege claims against only HABD and Truman — specifically, Fourteenth Amendment equal protection claims (asserted under § 1983) against both Defendants and Title VII claims against HABD alone. (Doc. # 18). Plaintiff complained that: (1) HABD discriminated against him on the basis of his race (White) and gender (male) in the terms and conditions of his employment and by terminating him (Doc. # 18 Count One); (2) HABD retaliated against him by not selecting him for a vacant position (Doc. # 18, Count Two); and (3) HABD and Truman, by engaging in the conduct described in Counts One and Two, denied him due process of law and the equal protection of those laws in violation of the Fourteenth Amendment (Doc. # 18, Count Three).

Defendants both filed motions for summary judgment, and Defendant Truman asserted the defense of qualified immunity. (Docs.# 70, 96). In his response to Defendants’ motions for summary judgment, Plaintiff abandoned his § 1983 claims against HABD and his due process claims against both Defendants. (Docs.# 112, 138, 141). By order dated July 22, 2004, the court found that certain disputed issues of material fact precluded summary judgment on Plaintiffs remaining claims, and therefore the court denied both Defendants’ motions for summary judgment. (Doc. # 124). The court also found that Defendant Truman was not entitled to the defense of qualified immunity. (Doc. # 124).

Defendant Truman filed an interlocutory appeal of the court’s summary judgment ruling, specifically challenging the court’s determination that qualified immunity did not apply to Plaintiffs claims against her. (Doc. #125). HABD did not file any briefs on appeal (Doc. # 141), and the Eleventh Circuit noted that this court’s disposition of HABD’s motion for summary judgment was not before it. (Doc. # 133). Ruling on Truman’s appeal, the Eleventh Circuit found that the First Amended Complaint was a “shotgun pleading,” vacated this court’s order denying Truman summary judgment, and remanded the case so that Plaintiff could replead Count Three to allege “precisely what it is that Truman did to deny Tucker ... equal protection of the law.” (Doc. # 133). The Eleventh Circuit also instructed this court to “comb the record to eliminate any material issues of fact, and ... decide whether Truman’s conduct denied Tucker any rights clearly established by Supreme Court or Eleventh Circuit precedent.” (Doc. # 133).

On remand, this court ordered Plaintiff to file an amended complaint and issued a scheduling order requiring summary judgment submissions by July 22, 2005. (Docs.# 144, 149). Plaintiffs Restated Complaint alleges the following: (1) HABD intentionally discriminated against Plaintiff because of his race and gender by subjecting him to different terms and conditions and by terminating him; (2) HABD retaliated against Plaintiff by not selecting him for an Assistant General Counsel vacancy; and (3) Truman, while acting under color of state law, intentionally discriminated against Plaintiff on the basis of his race, gender, and in retaliation for protected activity in violation of Plaintiffs constitutional rights under the Equal Protection Clause of the Fourteenth Amendment (as secured by § 1983). (Doc. # 145).

Truman filed a second motion for summary judgment addressing the merits of Plaintiffs claims and asserting again the defense of qualified immunity. (Doc. # 150). HABD filed a “Notice of Defendant HABD’s Intent to Adopt Dispositive Motion of Moving Party,” noting that “[tjhere are similarity of issues between the plaintiffs claims against Ms. Truman and the claims against HABD.” (Doc. # 151).

By memorandum opinion and order dated September 28, 2005 (Does.# 154,155), the court granted Defendant Truman’s motion for summary judgment on both the merits of the claims against her and on her qualified immunity defense. The court denied Defendant HABD’s motion for summary judgment and held a pretrial conference on December 6, 2005 on the Plaintiffs claims against HABD. Trial was set for late January 2006.

In anticipation of trial, motions in li-mine were filed by both parties, and the court held hearings and ruled on the motions. After postponing the trial for one day in order to allow the parties to submit additional authority on one of the issues briefed in the motions in limine, a jury was selected on February 1, 2006. The case proceeded to trial on Plaintiffs claims of sex and race discrimination predicated upon HABD’s decision to terminate his employment, and on his retaliation claim predicated upon HABD’s failure to re-hire Plaintiff for an attorney position. Plaintiff rested his case on February 6, 2006, and the court denied Defendant’s Rule 50(a) motion. (Doc. #210, at 768-70). Defendant rested that same day, and the court denied Defendant’s renewed Rule 50(a) motion. (Doc. #210, at 773-74). The court then held a charge conference and received no objections from either party to the jury instructions or the special verdict form. (Doc. # 207, at 65; Doc. # 210, at 773-74, 826).

The case was argued and the jury instructed on February 6, 2006. After approximately one hour of deliberations, the jury returned a verdict in Plaintiffs favor on all counts. As reflected by the special verdict form utilized by the court, the jury found from a preponderance of the evidence that the Plaintiffs race or gender was a substantial or motivating factor that prompted Defendant to discharge him and that Plaintiff would not have been discharged from employment for other reasons in the absence of Defendant’s consideration of Plaintiffs race or gender. (Doc. #210, at 830-31). The jury also found from a preponderance of the evidence that Plaintiff was retaliated against by not being rehired for filing an EEOC charge and/or this lawsuit and that Defendant would have rehired Plaintiff in the absence of consideration of the EEOC charge and/or lawsuit. (Doc. # 210, at 831). The jury awarded damages to compensate Plaintiff for a net loss of wages and benefits in the amount of $93,990.38. (Doc. #210, at 831). The jury also awarded damages to compensate Plaintiff for emotional pain and mental anguish in the amount of $100,000. (Doc. # 210, at 831).

Plaintiff now seeks equitable relief in the form of reinstatement (or instatement) or front pay and prejudgment interest. (Doc. # 194). Defendant seeks judgment notwithstanding the verdict or, in the alternative, a new trial or remittitur of the jury’s damage award. (Doc. # 199). The court will first address Defendant’s motions and then will discuss Plaintiffs requests for equitable relief.

II. Defendant’s Post-Trial Motions

A. Legal Standards for Evaluating Motions Pursuant to Rules 50 and 59

Defendant challenges the weight and sufficiency of the evidence supporting the jury’s verdict by moving for both judgment notwithstanding the verdict pursuant to Federal Rule of Civil Procedure 50(b) and a new trial pursuant to Rule 59. Defendant also challenges, pursuant to Rule 59, the propriety of the court’s decision to admit certain evidence. The standards for a motion for judgment notwithstanding the verdict and a motion for new trial are different. The Supreme Court previously has discussed the interplay between these two types of motions:

Each motion ... has its own office. The motion for judgment cannot be granted unless, as matter of law, the opponent of the movant failed to make a case and, therefore, a verdict in movant’s favor should have been directed. The motion for a new trial may invoke the discretion of the court in so far as it is bottomed on the claim that the verdict is against the weight of the evidence, that the damages are excessive, or that, for other reasons, the trial was not fair to the party moving; and may raise questions of law arising out of alleged substantial errors in admission or rejection of evidence or instructions to the jury.

Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 251, 61 S.Ct. 189, 85 L.Ed. 147 (1940).

Specifically, a Rule 50(b) motion for judgment as a matter of law as to a particular issue should be granted when “there is no legally sufficient evidentiary basis for a reasonable jury to find for [the non-movant] on that issue.” Fed.R.Civ.P. 50(a)(1); Wood v. Green, 323 F.3d 1309, 1312 (11th Cir.2003); Shannon v. Bellsouth Telecomms., Inc., 292 F.3d 712, 715 (11th Cir.2002). When, as here, the merits of the motion turn on the sufficiency of the evidence, “[t]he court should review all of the evidence in the record, draw all reasonable inferences in favor of the non-moving party, and disregard all evidence favorable to the moving party that the jury is not required to believe.” Akouri v. State of Florida Dept. of Transp., 408 F.3d 1338, 1343 (11th Cir.2005) (citing Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150-51, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000)). See also Russell v. N. Broward Hosp., 346 F.3d 1335, 1343 (11th Cir.2003); Brochu v. City of Riviera Beach, 304 F.3d 1144, 1154 (11th Cir.2002). “Credence should also be given to ‘evidence supporting the moving party that is uncontradicted and unimpeached, at least to the extent that that evidence comes from disinterested witnesses.’ ” Akouri, 408 F.3d at 1343 (citing Reeves, 530 U.S. at 150-51, 120 S.Ct. 2097). However, it is the task of the jury, not the court, “to weigh conflicting evidence and inferences, and determine the credibility of witnesses.” Lipphardt v. Durango Steakhouse of Brandon, Inc., 267 F.3d 1183, 1186 (11th Cir.2001) (internal quotation marks omitted). Therefore, “[i]f reasonable jurors could reach different results, [this court] must ‘not second-guess the jury or substitute our judgment for [the jury’s] judgment.’ ” Brochu, 304 F.3d at 1155 (quoting Lipphardt, 267 F.3d at 1186).

On the other hand, Rule 59 permits the court to grant a new trial “for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States.” Fed. R.Civ.P. 59(a). A judge should grant a motion for a new trial when “the verdict is against the clear weight of the evidence or will result in a miscarriage of justice, even though there may be substantial evidence which would prevent the direction of a verdict.” Hewitt v. B.F. Goodrich Co., 732 F.2d 1554, 1556 (11th Cir.1984) (internal quotations and punctuation omitted). “Because it is critical that a judge does not merely substitute his judgment for that of the jury, ‘new trials should not be granted on evidentiary grounds unless, at a minimum, the verdict is against the great — not merely the greater — weight of the evidence.’ ” Lipphardt, 267 F.3d at 1187(quot-ing Hewitt, 732 F.2d at 1556).

The Eleventh Circuit has recognized that “ ‘[n]ew trials granted because (1) a jury verdict is against the weight of the evidence may be sharply distinguished from (2) new trials ordered for other reasons: for example, evidence improperly admitted, prejudicial statements by counsel, an improper charge to the jury or newly discovered evidence.’ ” Deas v. PACCAR, Inc., 775 F.2d 1498, 1504 (11th Cir.1985) (quoting O’Neil v. W.R. Grace & Co., 410 F.2d 908, 914 (5th Cir.1969)). In this case, Defendant has moved for a new trial on both grounds.

In the first instance given, it is the jury itself which fails properly to perform the functions confided to it by law. In the latter instances something occurred in the course of the trial which resulted or which may have resulted in the jury receiving a distorted, incorrect, or an incomplete view of the operative facts, or some undesirable element obtruded itself into the proceedings creating a condition whereby the giving of a just verdict was rendered difficult or impossible .... Under these conditions there is no usurpation by the court of the prime function of the jury as the trier of the facts and the trial judge necessarily must be allowed wide discretion in granting or refusing a new trial. But where no undesirable or pernicious element has occurred or been introduced into the trial and the trial judge nonetheless grants a new trial on the ground that the verdict was against the weight of the evidence, the trial judge in negating the jury’s verdict has, to some extent at least, substituted his judgment of the facts and the credibility of the witnesses for that of the jury....

Deas, 775 F.2d at 1504 (quoting O’Neil, 410 F.2d at 914).

In addition to his motions challenging the weight and sufficiency of the evidence supporting the jury’s verdict and the court’s evidentiary admissions, Defendant also alternatively has moved for remittitur of the jury’s damage awards of back pay and emotional distress. A different standard applies to the court’s consideration of this requested relief. “In general, a remit-titur order reducing a jury’s award to the outer limit of the proof is the appropriate remedy where the jury’s damage award exceeds the amount established by the evidence.” Goldstein v. Manhattan Indus., Inc., 758 F.2d 1435, 1448 (11th Cir.1985)(reviewing jury award of compensatory damages under the ADEA and citing Howell v. Marmpegaso Compania Naviera, S.A., 536 F.2d 1032, 1034-35 (5th Cir.1976) and Natco, Inc. v. Williams Bros. Eng’g Co., 489 F.2d 639, 641 (5th Cir.1974)). The Eleventh Circuit has held that “[o]nce a defendant is found liable for the plaintiffs injury, the District Court has a great deal of discretion in deciding the level of damages to be awarded.” Ferrill v. Parker Group, Inc., 168 F.3d 468, 476 (11th Cir.1999). “Where the jury’s decision has been approved by the trial judge, [the appellate court] will not disturb the award except where [the] verdict is so gross as to be contrary to right reason or to be a clear abuse of discretion.” Hatfield v. Anthony Forest Prods. Co., 642 F.2d 175, 178 (5th Cir. Unit A Apr.1981), cited with approval in, Agro Air Assocs., Inc. v. Houston Cas. Co., 128 F.3d 1452, 1455 n. 5 (11th Cir.1997). In this case, because the jury awarded damages for emotional distress, the court was “particularly deferential to the fact finder’s determination of compensatory damage awards for intangible, emotional harms because the harm is so ‘subjective and evaluating it depends considerably on the demeanor of the witnesses.’ ” Griffin v. City of Opa-Locka, 261 F.3d 1295, 1315 (11th Cir.2001) (quoting Ferrill, 168 F.3d at 476); see also Bogle v. McClure, 332 F.3d 1347, 1359 (11th Cir.2003).

With these standards in mind, the court will now turn to its substantive analysis of Defendant’s motions.

B. Defendant’s Rule 50(b) Motion Challenging the Sufficiency of the Evidence To Support the Jury’s Finding on Plaintiffs Discrimination Claim

Defendant argues that Plaintiff did not present evidence sufficient to support a jury verdict in his favor with regard to his Title VII claim that his position was terminated as a result of race and/or gender discrimination. The court disagrees for the reasons outlined below.

As an initial matter, the court notes that the proper inquiry at this stage of the litigation focuses on whether sufficient evidence supports a jury finding that Plaintiff met the essential elements of his claims— not, as erroneously argued by Defendant’s motion, the elements of each claim’s prima facie case. (Doc. # 199, at 4). In fact, the Eleventh Circuit has explained that, although the prima facie case is initially an important part of the McDonnell Douglas framework for proving claims with circumstantial evidence, “both the Supreme Court and this [Circuit] have repeatedly recognized that there is a point at which a trial has progressed too far to revisit the question of whether one exists. That point is ‘when the defendant fails to persuade the district court to dismiss the action for lack of a prima facie case, and responds to the plaintiffs proof by offering evidence of the reason for the plaintiffs rejection.’ ” Collado v. United Parcel Serv., Co., 419 F.3d 1143, 1150 (11th Cir.2005) (quoting U.S. Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711, 714-15, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983)); accord, e.g., Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 60, 67-68, 107 S.Ct. 367, 93 L.Ed.2d 305 (1986); Cleveland v. Home Shopping Network, Inc., 369 F.3d 1189, 1194 (11th Cir.2004) (“After a trial on the merits, an appeals court should not revisit whether the plaintiff established a prima facie case.... The only relevant question becomes whether Cleveland’s termination was motivated by her disability.”); Tidwell v. Carter Prods., 135 F.3d 1422, 1426 n. 1 (11th Cir.1998) (“Our task is not to revisit whether the plaintiff below successfully established a prima facie case of discrimination .... [T]he question of whether the plaintiff properly made out a prima facie ease is no longer relevant.”); Combs v. Plantation Patterns, 106 F.3d 1519, 1539 n. 11 (11th Cir.1997) (finding that because a full trial on the merits had been held, “the question of whether Combs properly made out a prima facie case is no longer relevant”) (quotation omitted); Richardson v. Leeds Police Dep’t, 71 F.3d 801, 806 (11th Cir.1995) (“Richardson argues on appeal that the district court erred by visiting whether he had established a prima facie case of discrimination after the action was fully tried on the merits, in violation of [Aikens]. We agree that it was wrong for the court to follow this procedure.”).

In this case, the litigation has progressed to the point at which it would be improper to revisit the prima facie analysis of Plaintiffs claims. “Where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, the focus should no longer be on the preliminary question of the prima facie case but on the ‘ultimate question of discrimination vel non.’ ” Collado, 419 F.3d at 1150-51 (quoting Aikens, 460 U.S. at 713-15, 103 S.Ct. 1478). The Eleventh Circuit has clarified that this “don’t-look-back rule” applies after the district court has determined that Plaintiff “made out a prima facie case and [has denied Defendant’s] Rule 50(a) motion on that ground.” Collado, 419 F.3d at 1151. Here, Defendant’s initial Rule 50(a) motion was made orally at the close of Plaintiffs evidence on the basis that Plaintiff failed to establish the prima facie elements of his discrimination and retaliation claims (Doc. #210, at 768-70), and was renewed at the close of all the evidence before the case was submitted to the jury (Doc. #210, at 770, 773-74). Both motions were denied by the court. (Doc. # 210, at 768-70, 773-74). Accordingly, it is no longer proper for the court to revisit the analytical, preliminary question of whether Plaintiff made out a prima facie case.

Based upon this analysis, as to Plaintiffs discriminatory termination claim, the relevant inquiry is whether he successfully proved by a preponderance of the evidence at trial that he was discharged from his employment and that his race or his gender was a substantial or motivating factor that prompted Defendant to take that action (Eleventh Circuit Pattern Jury Instruction 1.2.1), not whether he has satisfied the modified prima facie case for reduction-in-force cases to which Defendant’s arguments are addressed (Doc. # 199, at 4)(citing Earley v. Champion Int’l Corp., 907 F.2d 1077, 1082 (11th Cir.1990)). Nonetheless, despite the fact that Defendant’s arguments are guided by the wrong legal framework, when the court focuses on the substance and not the style of those arguments, it finds that this a distinction without a difference, at least with respect to Plaintiffs discrimination claim. As illuminated best by Defendant’s reply brief, its three main contentions go to the heart of the ultimate question of discrimination vel non, not to specific elements of the prima facie case: (1) whether the evidence was sufficient to show that Truman was involved in the decision to eliminate Plaintiffs position; (2) whether the evidence supported a finding that Truman bore racial or gender animus against Plaintiff; and (3) whether sufficient evidence supports the conclusion that Defendant’s reasons for reorganization were pretextual. (Doc. # 206). The court will address each argument in turn.

1. Evidence Regarding the Decision-maker

Defendant maintains that the evidence at trial showed that Ralph Rnggs, not Naomi Truman, was the ultimate decision-maker and that Ruggs harbored no discriminatory animus toward Plaintiff. (Docs.# 199, 206). Plaintiff does not endeavor to show that Ruggs was motivated by racial or gender animus (see Doc. # 203, at 9-11), and for good reason. The evidence at trial was not sufficient to support such a finding. However, because Ruggs and Truman were the only decision-makers identified by Plaintiff, viewing the facts presented at trial (and all reasonable inferences from those facts) in the light most favorable to Plaintiff, the jury’s verdict for Plaintiff was necessarily based upon a finding that: (1) Truman participated in the employment decisions at issue and (2) Truman was motivated by discriminatory animus toward Plaintiff. The court finds that sufficient evidence was presented at trial to support both findings, as outlined below.

First, the court finds that Plaintiff presented sufficient evidence from which a reasonable jury could conclude that Truman was a decision-maker with respect to the alleged discriminatory termination of his job. It was undisputed at trial that Truman recommended a “conversion” or “reorganization” of the legal department that included the elimination of an attorney position. (Doc. # 208, at 180-81, 255). It is well-established that discriminatory animus by someone who was not a final decision maker, but who was nonetheless an “integral part of the multi-level hiring process,” may influence the final decision maker and “taint []” the entire process. Schoenfeld v. Babbitt, 168 F.3d 1257, 1268 (11th Cir.1999). The Eleventh Circuit has opined that:

Disparate treatment analysis requires that none of the participants in the decision-making process be influenced by [discriminatory] bias.... Thus, the motivations of both the [decision maker] and [the recommender] are pertinent. If the [decision maker was] not motivated by racial animus but [the recommen-der was], the [decision maker’s] neutrality with respect to race would not cure [the recommender’s] racial bias.

Jones v. Gerwens, 874 F.2d 1534, 1541 n. 13 (11th Cir.1989). In Stimpson v. City of Tuscaloosa, 186 F.3d 1328 (11th Cir.1999), the court noted that:

One way of proving that the discriminatory animus behind the recommendation caused the discharge is under the “cat’s paw” theory .... [which] provides that causation may be established if the plaintiff shows that the decisionmaker followed the biased recommendation without independently investigating the complaint against the employee. In such a case, the recommender is using the decisionmaker as a mere conduit, or “cat’s paw” to give effect to the recom-mender’s discriminatory animus.

Stimpson, 186 F.3d at 1332 (citing Llampallas, 163 F.3d at 1249). In that case, the recommender effectively becomes the decisionmaker, and the “titular ‘decision-maker’ is a mere conduit for the [recom-mender’s] discriminatory animus.” Llampallas, 163 F.3d at 1249.

In support of its argument that Ruggs was the sole decision-maker, Defendant focuses on the evidence that Ruggs ultimately approved the reorganization based upon his reasoning that “because of the expanded amount of work we were projecting that we would be able to accomplish by bringing in two paralegals versus having one attorney position.” (Doc. # 206, at 3, citing Doc. # 208, at 295). Defendant maintains that this portion of Ruggs’ testimony undermines Plaintiffs “cat’s paw” theory that Ruggs’ approval of the reorganization was a direct result of Truman’s recommendation. (Doc. #206, at 3). The court finds, however, that (1) Defendant’s focus on this small part of the trial testimony, which was prompted by a question from defense counsel asking Ruggs to outline his “reasoning or reason for making that conversion” (Doc. #208, at 295), ignores the totality of the evidence and (2) the totality of evidence was sufficient to support a finding that Truman’s discriminatory animus infiltrated the decision to eliminate Plaintiffs position.

In fact, a thorough review of the evidence presented at trial reveals testimony from which a reasonable jury could conclude that although the ultimate approval of Truman’s budget and staffing recommendations rested with Ruggs and the Board of Commissioners (Doc. #207, at 161-62, PX 63; Doc. # 208, at 181), Truman sufficiently participated in the elimination of Tucker’s position such that Ruggs and the Board were mere conduits for Truman’s discriminatory animus. Ruggs admitted that he merely approved the conversion (Doc. #208, at 295), and that Truman initiated the decision to eliminate one of the two attorney positions in the Legal Department. (Doc. #208, at 255). At least one other witness testified that Truman boasted that she came up with the idea to eliminate an attorney in the place of two paralegals, (Doc. # 208, at 400 — Fagan), and Truman herself admitted that she proposed the reorganization, which she termed a “conversion.” (Doc. # 208, at 180-81).

Defendant points to Ruggs’ testimony of his “reasoning” for the conversion as evidence that he “independently investi-gat[ed]” the merits of the reorganization before approving it (Doc. # 206, at 3, citing Doc. # 208, at 295 and Stimpson, 186 F.3d at 1332). The court finds there is sufficient evidence supporting the opposite conclusion — that Ruggs gave Truman’s recommendation only a cursory review, not an independent investigation, before approving it and passing the proposal on to the Board for rubber-stamping. First, the “reasoning” articulated by Ruggs at trial was nothing more than a regurgitation of the same “justification” Truman offered for the conversion (compare Doc. # 208, at 295 with PX63, Doc. # 207, at 160-62), which does not evidence an “independent investigation” of the proposal. Moreover, the testimony at trial showed that, as head of the Legal Department, Truman had made recommendations to Ruggs in the past regarding departmental staffing (Doc. # 211, at 4-5, 7; Doc. # 207, at 104-06,-159-74, PX53-PX60; Doc. # 208, at 232-33), which were consistently followed by Ruggs almost without exception. (Doc. # 211, at 10-12; Doc. # 207, at 114-15). Finally, the jury could have concluded that it was Ruggs’ standard practice to adopt in total Truman’s staffing recommendations given that after the reorganization, Ruggs admitted that his decision not to fill a previously posted Legal Department attorney position was prompted by Truman’s opinion that her office was functioning “smoothly” without the extra help. (Doc. # 208, at 263-64).

The court also finds unpersuasive Defendant’s argument that Truman did not participate in the ultimate decision to eliminate Plaintiff’s position (as opposed to the other attorney position in the Department) because Ruggs and Pat Carter from Human Resources made that decision by themselves, based upon the concept of seniority in the personnel manual. (Doc. # 211, at 5-6; Doc. # 208, at 258-59, 315). In fact, Truman testified that when she recommended the elimination of an attorney position, she knew that Tucker was the least senior attorney in the Department and that it was her understanding that seniority would dictate reduction-in-force decisions. (Doc. #208, at 180). Thus, the jury could have concluded that Truman’s recommendation to Ruggs that “a position” be eliminated was merely a euphemistic recommendation that Tucker’s position be eliminated. Considering the totality of the trial evidence, the court finds that sufficient evidence was presented for a reasonable jury to conclude that Truman was an “integral part of the multilevel hiring process,” and that she “taintfed]” the entire process. Schoenfeld, 168 F.3d at 1268.

As a final point on the issue of Truman’s participation in the elimination decision, the court dismisses Defendant’s suggestion that the court’s grant of summary judgment in favor of Truman on Plaintiffs individual capacity § 1983 claims is inconsistent with a finding at trial that Truman participated in the employment decisions challenged by Plaintiff. (Doc. # 199, at 7 n. 3.; Doc. # 206, at 4). This court found insufficient evidence in the summary judgment record to show Truman’s involvement in the decisions at issue and therefore granted summary judgment in favor of Truman on the merits of the individual claims against her and on her defense of qualified immunity. (Docs. # 154,155; see also Doc. #211, at 44-45). Not only do the standards differ for liability at trial and liability at the summary judgment stage, especially on the defense of qualified immunity, but the limited evidence which was available to the court in the summary judgment record differs greatly from the vast evidence presented at trial.

For example, the evidence available to the court at summary judgment was undisputed, that Ruggs alone, and not Truman, decided to eliminate Plaintiffs position. The only evidence proffered at that point showed that, although Truman was in favor of the 2000-01 budget proposal to eliminate an attorney position and replace it with two paralegals (Truman Dep. at 26-28), Ruggs submitted the budget for approval by the Board (Truman Dep. at 26-28; HABD Dep. at 56-58), and Ruggs consulted with Human Resources to determine the appropriate process of selecting the position to be eliminated. (Carter Dep. at 108-11). The court did not have the benefit of Ruggs and Truman’s trial testimony which indicated that Truman not only was in favor of the reorganization, but actually recommended it. Therefore, based on that undisputed evidence showing that only Ruggs took action to eliminate Plaintiffs position, the court concluded that Truman was due summary judgment on the merits of Plaintiffs § 1983 claims, and alternatively due qualified immunity. At trial, however, Ruggs admitted that the decision to eliminate one of the two attorney positions in the Legal Department was initiated by Truman. (Doc. # 208, at 255). At least one other witness testified that Truman boasted that she came up with the idea to eliminate an attorney in the place of two paralegals, (Doc. #208, at 400— Fagan), and Truman admitted that she proposed the reorganization, which she termed a “conversion.” (Doc. #208, at 180-81). Accordingly, the jury had the benefit of evidence which was not before the court in the Rule 56 record.

Although Plaintiff also argued at summary judgment that Truman indirectly influenced Ruggs’ decision by “targeting” Plaintiffs position for elimination, his argument at that time was based on evidence that did not support his analysis. Plaintiff pointed only to the language in HABD’s Human Resources Policy Manual as evidence that Truman “must have known” that Plaintiffs job would be selected for elimination. However, as noted in footnote 13 supra, the manual merely permits a laid-off employee to displace a less senior employee if that employee gives proper notice to HABD, (HABD Dep. at Ex. 2, Section 4.8.2), it does not obligate HABD to base lay-off decisions on seniority. Because Plaintiffs cited evidence did not support his theory, and because the summary judgment record was devoid of any other evidence that Truman knew the decision would be based on seniority or that she otherwise influenced, directly or indirectly, the decision to eliminate Plaintiffs position, summary judgment was appropriate in favor of Truman. As the court has already outlined, at trial it became irrelevant what the manual officially required with respect to elimination decisions, because Truman, Ruggs, and Carter admitted that — separate and apart from what the manual provided — they interpreted HABD policies to require elimination of the least senior employee, and Tucker admittedly knew that Tucker had less seniority than Rosenbaum. (Doc. # 208, at 180). Thus, unlike the court on summary judgment, the trier of fact was presented with sufficient evidence to support Plaintiffs theory that Truman “targeted” his position.

Moreover, at the summary judgment phase, this court was faced with Truman’s qualified immunity defense, which offers complete protection for government officials sued in their individual capacity if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). Providing sufficient evidence at trial to show that Truman was “integral part of the multi-level hiring process,” who “tainted” the entire process, Schoenfeld, 168 F.3d at 1268, is a much lighter burden of proof than overcoming her qualified immunity defense at the summary judgment stage. Thus, as evidenced by the above examples, the court’s prior summary judgment ruling does not (and cannot) bind this court to find insufficient evidence that Truman participated in the employment decisions at issue.

Having determined that sufficient evidence was presented such that a jury could conclude that Truman participated in the elimination of Plaintiffs position, the court must now analyze whether sufficient evidence supports a finding that Truman’s decision was motivated by discriminatory animus toward Plaintiff.

2. Evidence Regarding Truman’s Discriminatory Animus

Defendant next maintains that insufficient evidence was presented at trial to support a finding that Truman acted out of discriminatory animus toward Plaintiff. To the contrary, the court finds ample evidence from which a reasonable jury could conclude that Truman bore racial animus.

In addition to Tucker’s testimony that Truman called him a “racist,” which he interpreted to be a “derogatory slur” (Doc. # 210, at 744-45), at least three other witnesses testified that Truman made comments that could be race-based and that tended to show an animus against white employees. Frank Jones, a white male, testified that Truman “read [him] the riot act for getting involved in her cases,” and she told him that the only reason their outside counsel on the case chose to contact him instead of her is because he is white and she is African-American. (Doc. # 208, at 303-05). Valerie Fagan, an African-American female (Doc. # 208, at 184), testified that Truman questioned her association with Faye Rosenbaum, a white attorney in the office, and asked her “why do I have so much to do with white people” or “what do you have so much in common with [white people].” (Doc. # 208, at 382-85). Fagan also testified that Truman repeatedly deterred her from contact with Rosenbaum, ordering Fagan “not to ask Faye anything. And I remember her distinctly saying I would be better off asking a pencil.” (Doc. # 208, at 386-87). Truman informed Fagan on several occasions that she “was the only black that Faye [Rosen-baum] talks to.” (Doc. # 208, at 389-90). Truman also “lashed out” at Fagan for speaking to a White person in accounting. (Doc. # 208, at 411-12).

Faye Rosenbaum also testified that Truman told her that she was “on to Barry [Tucker] and I and she knew that we were teamed up against her and that it was a ‘us’ and ‘them’ situation and she just wanted to let me know that she was aware of it and would proceed accordingly.” (Doc. #209, at 438). When Rosenbaum responded that she did not know what Truman was talking about, Truman responded “oh, we are going to play that little game, are we. Well, I just want you to know that I can play that game too ... basically letting me know that the lines had been drawn and there were two teams here, and that’s how we would proceed from that point on.” (Doc. # 208, at 438-39). Rosenbaum interpreted Truman’s affront to be a warning that Truman perceived the White employees and the African-American employees to be at war. (Doc. # 209, at 438-39).

That some of the above testimony referred to statements that were not overtly race-based is of no import in light of the Supreme Court’s recent finding that even superficially benign statements may be probative of racial animus because a speaker’s meaning can depend on various factors including context, inflection, tone of voice, and local custom. Ash v. Tyson Foods, Inc., 546 U.S. 454, 126 S.Ct. 1195, 1197, 163 L.Ed.2d 1053 (2006). Accordingly, the court finds that a reasonable jury could have inferred racial animus from the totality of the testimony at trial regarding comments made by Truman, even in the absence of racial epithets. Moreover, although Truman denied making most of those statements (Doc. # 207, at 132, 142-43, 157-58; Doc. #208, at 187-88), the jury could have believed the witnesses, and not Truman. It is not the role of this court “to weigh conflicting evidence and inferences, and determine the credibility of witnesses.” Lipphardt, 267 F.3d at 1186. Because the court finds that “reasonable jurors could reach different results, [this court] must ‘not second-guess the jury or substitute our judgment for [the jury’s] judgment.’” Brochu, 304 F.3d at 1155 (quoting Lipphardt, 267 F.3d at 1186).

Moreover, in addition to the comments made by Truman, several witnesses testified that they received unfair treatment from Truman at work, which a jury could have found to be a result of Truman’s racial animus. Tucker testified that he felt that he was scrutinized more closely than other employees and denied certain access and leave because of his race (Doc. # 209, at 525-549), and at least two other White witnesses testified that Truman treated them unfairly at work. (See, e.g., Doc. # 208, at 305 (Jones); Doc. # 208, at 442-50 (Rosenbaum)). Although Truman offered nondiscriminatory reasons for the actions she took against Tucker (Doc. # 207, at 128-57), a jury could have discredited Truman’s testimony based on the testimony of other witnesses that was inconsistent with her stated reasons and could have concluded that Truman had a history of treating Tucker differently because of his race.

The court finds the evidence outlined above, and other evidence contained within the 800+ page trial transcript that was not specifically highlighted by the court in this opinion, to be sufficient for a reasonable jury to conclude that Truman harbored discriminatory animus toward Tucker.

3. Evidence Suggesting Defendant’s Reasons for the Reorganization Were Pretextual

Finally, Defendant maintains that Plaintiff failed to show that its stated reasons for the reorganization were pretextual, arguing that the evidence presented at trial consistently pointed to both cost-savings and efficiency as reasons for the conversion of an attorney position to that of two paralegals. (Doc. #206, at 6-7). In analyzing Defendant’s arguments, the court “must, in view of all the evidence, determine whether the plaintiff has cast sufficient doubt on the defendant’s proffered nondiscriminatory reasons to permit a reasonable factfinder to conclude that the employer’s proffered ‘legitimate reasons were not what actually motivated its conduct.’ ” Combs v. Plantation Patterns, 106 F.3d 1519, 1538 (11th Cir.1997) (quoting Cooper-Houston v. So. Ry. Co., 37 F.3d 603, 605 (11th Cir.1994)). Applying this standard, the court finds sufficient evidence from which a jury could have determined that Defendant’s stated reasons for the reorganization were merely attempts to cover up discrimination against Plaintiff.

First, evidence was presented to the jury from which it could conclude that Defendant’s articulated reasons have shifted throughout the course of litigation. Although Defendant’s Rule 50 argument to the court focuses primarily on efficiency as the main goal of the reorganization (Doc. # 199, at 9-11; Doc. # 206, at 6-7), Defendant cannot ignore that during this litigation it also has relied upon cost-savings as an important motivation for the reorganization. {See, e.g., PX78; Doc. #208, at 282). However, when and how those reasons first were articulated as motivations for the reorganization was a matter for the jury to decide. While Defendant’s response to Plaintiffs E.E.O.C. Charge argued that the Assistant General Counsel position was eliminated because the Legal Department budget could not support the Assistant General Counsel position with the two paralegals that were proposed (PX78), Ruggs later doubled-back on that reasoning by testifying at trial that “the basis for what we were doing was not based totally on cost-savings but it was based on having a more efficient operation in the Office of General Counsel.” (Doc. # 208, at 282).

Moreover, even with respect to the cost-savings articulated reason, the evidence at trial raised doubts about when a financial analysis of the cost of the conversion was conducted and whether that analysis was conducted merely to manufacture a reason for the reorganization. Although Ruggs testified that “I’m sure that the discussion took place in terms of the financial impact on that before the reorganization was approved” (Doc. # 208, at 280), the testimony was clear that the only documented financial analysis was conducted months after the reorganization to provide “justification concerning cost-savings” in response to Tucker’s EEOC charge accusations. (Doc. # 208, at 345, PX 88, see also Doc. # 208, at 280-81, 344-45). Given the totality of the evidence presented at trial, it would certainly be reasonable and within the discretion of the jury to conclude that a shift in Defendant’s reasons was itself evidence of the illegal motives suggested by the Plaintiff. See Cleveland v. Home Shopping Network, Inc., 369 F.3d 1189, 1195 (11th Cir.2004)(“[T]he shifting reasons given by [Defendant] allowed the jury to find [its] explanation unworthy of credence, and consequently to infer the real reason was [discrimination].”).

Moreover, ample evidence was presented at trial to allow a reasonable jury to question the veracity of each articulated reason. First, with respect to the financial impact of the reorganization, 'the court notes that even Ralph Ruggs, Executive Director and trial representative for Defendant, could not justify how the numbers resulted in a cost-savings to HABD. Ruggs admitted that the budgeted amounts for attorney expenditures were the same both before and after the reorganization (Doc. # 208, at 269-275, 273, PX 67), and that the elimination of Tucker’s position only saved $47,000, while the addition of two paralegals actually added $60,000 to the budget. (Doc. # 208, at 282). Ruggs did not attempt to explain how those figures resulted in a cost-savings to HABD, opting instead to shift the focus to the efficiency aspect of the reorganization: “you must keep in mind the basis for what we were doing was not based totally on cost-savings but it was based on having a more efficient operation in the Office of General Counsel.” (Doc. # 208, at 282). Certainly the jury could have reasonably questioned the legitimacy of Defendant’s financial justification for eliminating Plaintiffs position.

Moreover, sufficient evidence was presented from which the jury could have determined that efficiency was not the true motivation for the reorganization. Just a short time before Truman proposed the elimination of an attorney position, she outlined in a memorandum to Ruggs her concern that her department was understaffed, causing her difficulty in managing their “case load averaging approximately 300 cases per month,” and requesting an additional staff position that she believed would essentially pay for itself with the “increase in efficiency and productivity.” (Doc. #207, at 168-71). Despite having recently complained about understaffing in her department, Truman then inexplicably proposed the elimination of one of only two attorney positions in her department. (Doc. # 208, at 180-81). Then, after Plaintiffs position was eliminated, when Truman’s only other attorney resigned, she again began to increase the number of attorney positions in her department, asking for not one, but two, temporary attorneys to replace the attorney who resigned (Doc. # 208, at 190-91), and effectively replacing the attorney position lost when Tucker’s job was eliminated. Shortly thereafter, while the two temporary attorneys continued to work for Truman, she proposed adding even more attorney positions — a Senior Assistant General Counsel at a cost of $45,000 and contract counsel at a cost of $50,000. (Doc. # 208, at 205-08, PX 75). The chronology of Truman’s staffing requests could have led a reasonable jury to conclude that efficiency was not the motivation behind her decision to eliminate an attorney position when Plaintiff worked in her department. That decision was simply not consistent with her repeated complaints that her office was understaffed and her well-documented belief that more attorney positions — not less — would increase efficiency in her department.

Finally, the court finds that sufficient evidence was presented for a reasonable jury to conclude that the entire “reorganization” or “conversion” premise itself was a sham to oust Tucker because of his race or gender. See, e.g., Bogle v. McClure, 332 F.3d 1347, 1356 (11th Cir.2003). Although Tucker was undisputedly eligible for rehire (Doc. # 207, at 116-17; PX 8; Doc. # 208, at 257, 316-17), and the reorganization including the hiring of two paralegals to work in the Legal Department, Tucker testified that no one discussed available positions with him (including the paralegal openings) when his job was terminated, and the termination letter HABD mailed to him did not mention the availability of those paralegal positions. (Doc. # 209, at 551-52, PX35). Ruggs testified that in other reorganizations at HABD, the downsized employee was offered another position at HABD. (Doc. # 208, at 257-59). Nonetheless, Plaintiff occupied the only position ever to be eliminated from the Legal Department (Doc. #208, at 279), and according to Plaintiff, he was not offered another position despite the availability of positions for which he was undis-putedly qualified. Given these facts, and all of the facts outlined above, the court finds that Plaintiff has presented sufficient evidence casting doubt on Defendant’s proffered nondiscriminatory reasons to permit a reasonable jury to conclude that those reasons were not what actually motivated its conduct.

Having analyzed each of Defendant’s three principal contentions regarding the sufficiency of the evidence to support a finding of discrimination, and having reviewed the trial transcript with a fine-toothed comb, the court is more convinced than ever that the jury’s verdict on this claim was supported by the evidence at trial.

C. Defendant’s Rule 50(b) Motion Challenging the Sufficiency of the Evidence To Support the Jury’s Finding on Plaintiffs Retaliation Claim

Defendant also challenges the sufficiency of the evidence to support the jury’s finding of liability on Plaintiffs retaliation claim. Once again, Defendant’s arguments can be synthesized into three main contentions: (1) Plaintiff failed to show a causal connection between his protected activity and the decision not to rehire him; (2) Plaintiff cannot maintain his retaliation claim because the position for which Plaintiff applied was never filled; and (3) Plaintiff failed to dispute Ruggs’ legitimate reasoning for withdrawing the position. (Doc. #206, at 7-9). The jury rendered the following verdict on retaliation: “Do you find from a preponderance of the evidence, question 2 A., that the plaintiff was retaliated against by not being rehired for filing an EEOC charge and/or this lawsuit? Answer yes or no. The answer is yes. Question 2 B, that the defendant would not have rehired plaintiff for other reasons even in the absence of consideration of plaintiffs EEOC charge and/or lawsuit? The answer is no.” (Doc. # 210, at 831). For the reasons outlined below, the court finds that sufficient evidence supports the jury’s finding in favor of Plaintiff on his retaliation claim.

The evidence presented at trial showed that after Plaintiff applied in December 2001 for the posted open attorney position at HABD (Doc. # 209, at 570), he heard nothing from Defendant for months about the status of his application. (Doc. # 209, at 570-71; Doc. # 18). Assuming that Defendant did not intend to rehire him, and that such decision was in retaliation for the filing of his EEOC charge and/or his August 2001 judicial complaint (Doc. # 1), Plaintiff added a retaliation claim to this lawsuit by filing a First Amended Complaint on March 4, 2002. (Doc. # 209, at 570-71, 654; Doc. # 18). Only after Plaintiff alleged retaliation in his amended complaint did Defendant inform Plaintiff that he would be granted an interview for the position. (Doc. # 209, at 572, PX43). Nonetheless, after he was interviewed, Plaintiff received a letter in May 2002 indicating that he would not be hired for the position because the position had been withdrawn. (Doc. # 209, at 574-75; DX103).

The court rejects Defendant’s first contention that there was insufficient evidence for the jury to find a causal connection between the protected activity and the retaliatory action. Although the court agrees with Defendant that temporal proximity alone is not sufficient under these facts to establish a causal connection (Doc. # 199, at 16-17), the court finds that Plaintiff presented more than just evidence of temporal proximity. Plaintiff testified that his first official indication of how Defendant intended to treat his application for rehire was the March 20, 2002 motion to dismiss filed by Defendant that “requested] the court to enter an order ... directing submission of plaintiff to withdraw his application from employment thus submitting his reinstatement claim to the court pending the verdict of the jury vesting all authority over plaintiff in the court.” (Doc. # 209, at 571-72, PX5; Doc. # 21). Defendant’s motion argued that “Plaintiff should not be able to simultaneously seek reinstatement as a remedy and apply for open positions with HABD.” (Doc. # 209, at 571, PX5; Doc. # 21). Additionally, Plaintiff presented testimony that the decision to withdraw the position was made only after Ruggs consulted with Truman, whose motivations concerning Plaintiff had already been called into question. (Doc. # 208, at 298). Moreover, the evidence at trial showed that even after the position was withdrawn and Plaintiff was rejected, Defendant later hired a full-time attorney anyway, but only after changing the official title of the position so that it was not the same position for which Plaintiff applied. (Doc. #211, at 32-36; Doc. # 208, at 221-23, 228-31, PX 98, PX 99, PX 145). This and other evidence at trial was sufficient to permit the jury to conclude that more than just temporal proximity linked Plaintiffs protected conduct and Defendant’s decision not to rehire Plaintiff.

The court is likewise not persuaded by Defendant’s argument that because HABD eventually withdrew the open position, Tucker cannot now claim retaliation with respect to that position. As one district court opined, “[e]mployment law is not a game of ‘Gotcha!®.’ ” Williams v. Alabama Indus. Dev. Training, 146 F.Supp.2d 1214, 1224 (M.D.Ala.2001). The evidence was sufficient for a jury to conclude that Defendant did indeed fill the open position with an African-American female, but surreptitiously, by first “withdrawing” the position for which Plaintiff applied and rejecting his application, then changing the name from “Assistant General Counsel” to “Associate Counsel,” and finally reposting the position at the same salary grade and range and hiring an African-American female. (Doc. # 208, at 221-23, 228-31, PX 98, 99, 145). In fact, the testimony at trial suggested that it was none other than Truman who was responsible for requesting that “revision” to the job title. (Doc. # 208, at 318).

In addition, a jury could have discredited Ruggs’ reasoning for the withdrawal of the position and inferred from the evidence presented that position was withdrawn as an attempt to conceal retaliation. It is undisputed that the open position posting was not withdrawn until after Plaintiff applied and was interviewed for the job (Doc. #208, at 203-04; 263-64), and “after [Ruggs] discuss[ed][ ] with Miss Truman [] how well things were going [without that position].” (Doc. #208, at 298). Although Ruggs attempted to deflect attention away from the suspicious timing of the withdrawal by pointing to the hiring committee’s “independent” decision not to recommend Tucker for the position (Doc. # 208, at 298), the explanation that the decision rested with an unbiased hiring committee also could have been discredited by the jury. Evidence was presented that: (1) although Defendant initially corresponded with Plaintiff in April 2002 to set up an interview with Plaintiff in early May (Doc. # 209, at 572, PX43), Defendant changed the date for the interview indicating that “the purpose for changing the dates was so that they could create this panel of people to interview [Tucker]” (Doc. # 209, at 573); (2) most of the hiring committee, comprised of all but one department head, knew that Plaintiff had engaged in protected activity because Truman notified the department heads by memoranda that he had filed a lawsuit (Doc. # 208, at 200-02; see also Doc. # 208, at 259-60); (3) the questions posed by the hiring committee to Tucker were modified at the last minute in a way that could have been influenced by Truman and was intended to discredit and target Tucker (Doc. # 208, at 327-288, PX 84, 86); and (4) Tucker testified that his interview felt like “a bull in a ring with a script that they were asking questions from a script and then going around the circle.... I mean the questions to me seemed scripted to find out information about the lawsuit” (Doc. # 209, at 574). Although Ruggs articulated legitimate reasons for the decision to withdraw the position, the jury was presented with sufficient evidence to discredit those reasons.

Accordingly, based upon the totality of the evidence presented at trial, and the reasonable inferences that the jury could have deduced from such evidence, sufficient evidence supports the finding that Plaintiff suffered retaliation with respect to his application for rehire.

D. Defendant’s Rule 59 Motion for New Trial Based upon Clear Weight of the Evidence

It is well settled that “‘a less stringent standard applies to a motion for a new trial than to a motion for judgment as a matter of law.’ ” Dudley v. Wal-Mart Stores, Inc., 166 F.3d 1317, 1320 n. 3 (11th Cir.1999) (quoting Holzapfel v. Town of Newburgh, 950 F.Supp. 1267, 1272 (S.D.N.Y.1997)). As noted earlier, a motion for new trial is due to be granted when “the verdict is against the clear weight of the evidence ... or will result in a miscarriage of justice, even though there may be substantial evidence which would prevent the direction of a verdict.” Hewitt v. B.F. Goodrich Co., 732 F.2d 1554, 1556 (11th Cir.1984) (internal quotations omitted). “If alternative prayers or motions are presented, as here, ... the trial judge should rule on the motion for judgment. Whatever his ruling thereon he should also rule on the motion for a new trial, indicating the grounds of his decision.” Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 253, 61 S.Ct. 189, 85 L.Ed. 147 (1940).

In this case, although Defendant has filed alternative motions pursuant to Rules 50 and 59, its arguments regarding the weight and sufficiency of the evidence are not materially distinguishable. In cases like this, where Defendant’s Rule 59 arguments essentially “rehash” its Rule 50 arguments, the Eleventh Circuit has considered the arguments together even though the legal standards differ. See Dudley, 166 F.3d at 1320 n. 3 (“On liability, [Defendant] contends that it is entitled to a judgment as a matter of law or, in the alternative, to a new trial.... The two will be considered together even though the standards are not the same.”); Cleveland v. Home Shopping Network, Inc., 369 F.3d 1189, 1196 (11th Cir.2004) (“Concerning the clear weight of the evidence, [defendant] essentially rehashes its arguments to uphold the judgment as a matter of law. These arguments are equally unpersuasive under the new trial motion.”); Walls v. Button Gwinnett Bancorp, Inc., 1 F.3d 1198, 1201 (11th Cir.1993) (same).

Following the procedure set forth by the Eleventh Circuit in a case like this where Defendant’s Rule 50 and 59 arguments are merely repetitious, this court finds that even when it weighs the evidence presented at trial and Defendant’s arguments (outlined earlier in Section II.D.) against the less stringent Rule 59 standard, it reaches the same result as it did under the Rule 50 standard and is unpersuaded that “the verdict is against the clear weight of the evidence or will result in a miscarriage of justice.” Hewitt, 732 F.2d at 1556 (internal quotations omitted). Accordingly, Defendant’s motion for new trial based upon the clear weight of the evidence is due to be denied.

E. Defendant’s Rule 59 Motion for New Trial Based upon the Propriety of Admission of Certain Evidence

Defendant has also moved for a new trial on the grounds that the court improperly allowed Plaintiff to present certain evidence to the jury. Defendant’s complaint relates specifically to four categories of evidence admitted at trial: (1) evidence regarding the race of other employees hired by Truman in the Legal Department; (2) evidence regarding the history of Truman’s relationship with Plaintiff; (3) evidence to support Plaintiffs alleged “good faith belief’ that Truman discriminated against him; and (4) evidence addressing both Defendant’s intentions with respect to Plaintiffs application for rehire and Plaintiffs alleged justification for failing to mitigate his damages. The court will address each type of evidence separately.

1. Race of Other Employees Hired By Truman in the Legal Department

Although Defendant challenges the court’s decision to allow testimony concerning the race of persons hired by Truman in the Legal Department, the court finds no error in the admission of this evidence. Defendant moved in limine to preclude Plaintiff from offering evidence that the “majority of employees at the Housing Authority generally or the Legal Department specifically are Black” (Doc. # 174, at 2), and the court granted the motion as it related to any statistical evidence, but denied the motion without prejudice as it related to any evidence regarding the race or gender of any persons hired in the department after Plaintiff was terminated, “anticipating] that during the course of the trial, depending on the evidence pre