The county’s attorney Linda Woeber filed a request for en banc review — all 16 active judges on the court — of the case.
The case has dragged on for eight years and cost Butler County nearly $800,000.
Edelstein filed a $1 million lawsuit against Stephens, the county, Butler County Prosecutor Mike Gmoser and former chief assistant prosecutor Dan Ferguson in 2017. She claimed Stephens fired her for wanting to take off eight Jewish high holy days and the three men made disparaging remarks about her, destroying her career. The county and prosecutors were dismissed in 2020.
Stephens argued he “terminated Edelstein after months of internal strife between Edelstein and other members of his personal staff, which created a negative and disruptive work environment,” although he said he never discussed this issue with her prior to her termination.
Woeber asked the whole court to review one of the four issues she raised on appeal, namely the amount of back-pay the jury awarded. The jury awarded Edelstein $835,000, U.S. District Court Judge Michael Barrett reduced that amount by $20,444. Woeber is arguing the total back-pay amount should only be $72,077.
“Giving Edelstein a windfall does not support the make-whole principle underlying back-pay awards,” Woeber wrote. “Allowing a terminated plaintiff to engage in conduct that leads to the loss of an otherwise secure, high-paying job and then requiring the first employer to support the plaintiff — whose earning capacity is demonstrated by her law degree and experience — would be counter to public policy, authoritative decisions of other circuits, and this Court’s standards of fairness."
Edelstein worked for Stephens after Judge Patricia Oney retired in early 2016. She told Stephens on July 28, 2016, she would need to take eight days off in October to observe Jewish high holy days.
She said Stephens reacted to her request by yelling, “Holy cow, eight days,” and he appeared to be angry, according to court filings. She was fired four days later.
After a 10-day trial in 2023 a jury returned a verdict in Edelstein’s favor awarding $1.1 million for back-pay, compensatory and punitive damages. Both sides appealed.
The lengthy lawsuit has cost $775,914 to defend and taxpayers have paid the $100,000 insurance deductible.
Edelstein could not be reached for comment.
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