Damages / Remedies
When discrimination is established, the make whole purpose of the law is to place the victim employee in his or her same position as if the discrimination had not taken place. The make whole provision depends on the discrimination that was suffered and the effect it had on the employee victim. In other words, what position, pay, and benefits would the employee victim have had if he or she were not subjected to discrimination.
A common example is the employee that was not selected for a promotion even though he was qualified and deserved the promotion, but denied the promotion because of discrimination. The remedy in this case would be to put the employee into the promotion position that he was otherwise qualified for, and back pay, and all the fringe benefits the employee would have been entitled to under the promotion. Of course, the employer would have to halt any continuing discriminatory practices in the future.Attorney’s Fees And Court Expenses
Often times when an employee prevails in a discrimination case, the employee victim may be entitled to out of pocket expenses such as attorney’s fees, court fees, and fees for expert witnesses.Compensatory And Punitive Damages
Punitive damages and Compensatory damages are another remedy that a victim of intentional discrimination may claim. Punitive damages are often awarded in intentional discrimination cases involving sex, religion, genetic information, color, race, national origin, disability and pregnancy. Punitive damages are generally awarded when an employer engages in conduct that is particular reckless and malicious.
Compensatory damages are often awarded because of expenses caused as a result of discrimination which include but are not limited to:
- Medical expenses
- Mental Anguish
- Pain and Suffering
- Emotional Harm
- Loss of enjoyment of life
- Expenses associated with finding new employment
- Back pay
- Health Insurance
- Fringe benefits
- Employee Stock Options
- Retirement packages
- Retirement benefits
- Front Pay
- Vacation Pay
Another type of punitive damages is Liquidated Damages. Generally, the penalty amount is predetermined in advance in the event of a violation of a provision of law. A common liquidated damages amount is treble damages or double damages as a damages penalty.
While punitive damages are often awarded in race case, it is not a remedy that is available under Age Discrimination claims. However, liquidated damages that are twice the amount equal to back pay could be awarded if a willful violation is established.
There is never a charge for a consultation with my office. As an experienced Employment Litigation Attorney, I have been able to obtain many successful results for my clients and maximize the damages award in each respective successful case. The right attorney is so important to the ultimate success of your case. One of the most important initial considerations in deciding on whether to pursue a case is the ultimate recovery. The case must be cost feasible, and one way to insure that is to have a free consultation where a damages estimate need be established for maximizing recovery of your particular case.