If an employer has a written policy that specifically prohibits retaliation against employees who testify at unemployment hearings, can the employer avoid punitive damages?

Although the issue is not presented here, and we do not address it or offer our view on its merits, in future cases, if a company has a written policy that specifically forbids retaliation against employees who testify at unemployment hearings, it may operate to limit corporate liability for punitive damages, as long as the employer implements the written policy in good faith. (See Kolstad v. American Dental Association (1999) --- U.S. ----, ----, 119 S.Ct. 2118, 2129, --- L.Ed.2d ----, ---- [existence of written policy forbidding discrimination under title VII of the Civil Rights Act of 1964 may operate as a bar to punitive damage liability].)