Yes. Winning in front of a jury does not always guarantee victory for an employee. Imagine the celebration when nine employees, who sued for race/color discrimination and retaliation, each received a jury award of $7 million in their workplace discrimination case—only to see it all vanish in the blink of an eye—or more accurately with a stroke of a judge’s pen. That is exactly what happened in Joshua Yarbrough v. SlashSupport, Inc. and Glow Networks, Inc., No. 24-40421, 2025 WL 2647148 (5th Cir. Sept. 16, 2025). The United States Court of Appeals for the Fifth Circuit affirmed much of the trial court’s decision to take away the employees’ wins, sending them on a legal and emotional roller coaster.
This case shows why navigating employment discrimination cases is not for the faint of heart. It also highlights why calling an experienced attorney may be the best move if you think you have been wrongfully terminated, harassed, or discriminated against at work.
Can A Judge Take Away A Jury Verdict Finding Race Discrimination?
In this case, Black employees of Glow Networks told a jury that they faced discrimination and white workers faced retaliation on the job for opposing the race discrimination. They described policies that forced only Black employees to sit in camera-monitored rooms, prevented them from using cellphones, and punished them more harshly than white coworkers for small infractions. One Black employee compared the treatment to “the new slavery.”
The jury accepted their evidence of race discrimination and retaliation and returned a verdict in favor of nine employees, awarding each $3 million for emotional distress and $4 million in punitive damages. For the math challenged, that $63 million before taking on prejudgment interest and attorneys’ fees. You can imagine the relief. After years of being mistreated by their employer and pushing their claim through the legal system, these employees finally had a moment of validation.
But the celebration was short-lived. The trial judge granted judgment as a matter of law (JMOL)—also known as a judgment notwithstanding the verdict (JNOV)—in favor of the company, wiping away the jury’s verdict. Poof. The Fifth Circuit Court of Appeals agreed, holding that “feelings are not competent evidence, and the plaintiffs cannot simply rely on the fact that the other employees are not black.” That holding is crushing for workers who had their day in court, only to be told afterward that their evidence was not strong enough.
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Why Can Judges Overturn Jury Verdicts In Employment Discrimination Cases?
Many employees ask: “If a jury believed us, how can a judge undo that?” The answer lies in Federal Rule of Civil Procedure 50. Under Rule 50(a) and 50(b), a judge may grant JMOL (or JNOV) if, viewing the evidence in the light most favorable to the nonmoving party, there is no legally sufficient evidentiary basis for a reasonable jury to find in that party’s favor. At that stage, courts do not apply the familiar McDonnell Douglas burden-shifting framework. Instead, as the Fifth Circuit Court of Appeals held, the test is whether “the record contains sufficient evidence to support the jury’s ultimate findings.”
This should be a very difficult standard to undo a jury verdict. Even after convincing jurors, employees can see their case unraveled if the judge finds the evidence lacking. The Court in Yarbrough emphasized that “subjective beliefs are insufficient.”
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Do Employees’ Own Observations Count As Evidence Of Discrimination?
Respectfully, the Fifth Circuit got it wrong. I strongly disagree with the decision to strip away the jury’s verdict. The appellate panel labeled much of the workers’ testimony as “conclusory and unsubstantiated assertions” and therefore legally insufficient. But some evidence should be enough to get to the jury. Jurors are the ones charged with weighing credibility, deciding whose story is more believable, and applying common sense to the facts. Judges are not supposed to act as a thirteenth juror. When courts take away verdicts by reweighing evidence, employees lose their constitutional right to have a jury of peers evaluate their claims. In our view, testimony about policies that singled out Black workers for harsher treatment was exactly the type of evidence a jury should have been allowed to consider.
This opinion also suggests that a Black employee’s direct observations of disparate treatment, standing alone, do not count as real evidence unless someone else corroborates it. The Court focused on the fact that workers could not name specific non-Black comparators who were treated more favorably. But that goes to credibility and the weight of the evidence—matters for jurors, not for judges to dismiss as worthless. By treating the white supervisor’s testimony as conclusive while demanding corroboration from the employees who experienced the treatment, the opinion risks creating a rule that victims need outside testimony to back up their own lived experience. That approach undervalues employee testimony and tilts the scales toward the employer in ways that make it even harder to prove employment discrimination. It would authorize employers to discriminate and harass in a closed room shielded from witnesses.
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Can Employees Still Win Retaliation Claims After Complaining About Discrimination?
Many workers worry: “If I speak up about discrimination, can I be fired in retaliation, and do I have a case if that happens?” Retaliation claims are among the most common in employment law, but they are also hard to prove. In Yarbrough, some plaintiffs claimed they were retaliated against for reporting discrimination. But the Fifth Circuit Court of Appeals held that there was “no evidence that either plaintiff engaged in protected activity.” The Court explained that vague complaints about workplace fairness or hypocrisy did not qualify as opposition to unlawful race discrimination.
We believe this sets the bar unfairly high. Workers often do not use legal terms when they complain—they talk about unfairness, bullying, or favoritism. Those complaints may still be rooted in discrimination, even if the words are not perfect. Requiring employees to use lawyer-like language in the heat of workplace conflict risks shielding the employer and punishing the employee. This is another example of why jurors, not judges, should decide what counts as opposition to discrimination and whether retaliation followed.
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Should Employees Consider Settlement Even After A Big Jury Race Discrimination Verdict?
This case also shows why settlement should be considered at every phase of litigation. After years of fighting, the employees here celebrated a massive jury award, only to see it stripped away on post-trial motions. Buying certainty by accepting a settlement—even if it means taking less money than a jury awarded—can often be worth it. Settlement protects employees from the risk of reversal and the emotional toll of endless appeals. While it may feel tempting to hold out for the last dollar, the reality is that giving up some of the money can secure peace of mind and finality. The Yarbrough case is a stark reminder that a paper verdict does not always translate into real compensation.
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What Should Employees Do If They Suspect Wrongful Termination Or Discrimination?
If you are facing discrimination, retaliation, harassment, or have been wrongfully fired, the most important step is to document everything. Write down dates, times, names, and details of each incident. Save emails and messages that show how your employer treated you differently. Those details can become critical evidence.
The next step is calling the right lawyer. Not every attorney or firm is equipped to handle complex employment law cases that can last for years, go to trial, and then survive appeals. Spitz, The Employee’s Law Firm is one of the largest law firms in the United States dedicated solely to employee rights. That size means more resources, more trial-tested lawyers, and more experience standing up to powerful employers. We offer free initial consultations and a no-fee guarantee—you do not pay unless we win. With a history of great results, vast trial experience, and a deep sense of empathy for employees going through tough times, we fight to make sure wrongfully terminated workers have the best chance at real justice.
If you are searching for the best lawyer for employment discrimination, wrongful termination, or retaliation, call Spitz, The Employee’s Law Firm today.
Employment Lawyer Disclaimer
This wrongful termination blog provides general information about employment law and should not be taken as legal advice. Every employee’s race discrimination and retaliation situation is different, and you should consult with a qualified employment lawyer or attorney for advice specific to your case. Reading this does not create an attorney-client relationship. No promises are being made about the outcome of any case. This employment lawyer blog is a legal advertisement. If you believe you have experienced workplace discrimination, harassment, retaliation, or that you have been wrongfully fired, you should immediately seek advice from the best employment law attorney you can find to protect your rights against your employer.