The state's highest court ruled last Friday on the appeal of a discrimination case against Harvard, saying the University illegally fired a former security guard but that a new trial is necessary because of an error in jury instruction.

Russian immigrant Viatcheslav "Steve" Abramian claims the University discriminated against him on the basis of national origin, firing him in 1993 in retaliation for complaints he made about anti-Russian slurs and other abuse from fellow guards.

While the Massachusetts Supreme Judicial Court (SJC) affirmed the charge of retaliation, the rest of the civil suit must be retried because the judge gave incorrect instructions to the jury during the original trial.

"They said we were correct that the instructions to the jury on the discrimination count were erroneous," said Allan A. Ryan, Jr., the University attorney who worked on the case.

In the original trial, a jury awarded Abramian over $1.2 million in compensatory and punitive damages, agreeing that Harvard had discriminated against him and had fired him in retaliation for his complaints.

While punitive damages have to be decided again in court, Abramian will still receive compensatory damages awarded to him in the original trial, according to Abramian's attorney, John J. Barter.

Ryan would not comment on compensatory damages, saying discussions still have to occur "attorney to attorney" before any public statement on an award or settlement can be made.

In its appeal, Harvard argued that the judge had incorrectly instructed the jury to rule in Abramian's favor if they thought Harvard was not truthful in its reason for firing Abramian.