Discrimination Discrimination To discriminate against an individual is to treat someone differently, usually in a negative way, due to a given characteristic. Federal law prohibits discrimination by employers and many other entities on the basis of skin color, race, gender, national origin, disability, age, pregnancy, medical background, religion, or even genetic information. Some states have passed laws prohibiting discrimination on the basis of sexual orientation, weight, and other attributes. This section covers the various types of discrimination banned by federal law, the agencies that enforce each law and how to file a claim, in-depth information about specific scenarios involving discrimination, and more.
Under Title VII, some types of cases will not entitle you to recover compensatory emotional distress or punitive damages. In cases where compensatory and punitive damages are available, there are statutory caps on these damages which vary depending on the number of employees your employer has.
Well, read on to have it explained in the simplest terms possible. If the employer can prove that it acted with mixed motives and that it would have made the same employment decision even if it lacked a discriminatory motive, the plaintiff can not receive equitable relief explained belowcompensatory or punitive damages.
In these cases, the employee will not be awarded reinstatement, and back and front pay will not be awarded past the time at which the employer discovered the new evidence. Generally, compensatory and punitive damages are still awardable.
This usually includes back pay and either front pay or an order requiring the employer to place the employee in the job position he was denied due to discrimination.
Title VII does not place a monetary cap on back pay, regardless of employer size of course, your employer still has to meet the 15 employee minimum in order to be subject to Title VII. Rather, it places a time limit on how far back your back pay damages can extend. That limit is 2 years prior to the filing of the EEOC charge which initiated your case.
Title VII requires that employees mitigate their back pay damages. So, if an employee was terminated, he would not be able to refuse other available work in an attempt to preserve his full back pay claim.
The burden of proof is on the employer to show that the plaintiff did not adequately mitigate his damages. Title VII Damages — Reinstatement or Front Pay If reasonable, the court can order the employer to place the employee in the job position he would have been given had discrimination not occurred.
So, in the case of a termination, the court can order the employer to rehire and reinstate the employee to his old position. If the employee was passed over for a promotion, the court can order that the employee be given that promotion — it can even order the demotion of the employee who received the position in the place of the plaintiff.
The front pay award accounts for the time it will take the plaintiff to find a new job, along with the pay disparity the plaintiff will suffer due to the expected career setback of starting with a new employer. The caps, which limit the total award of compensatory and punitive damages combined, are as follows: Some factors which the court considers when deciding whether punitive damages are awardable are: The combined award of punitive and compensatory damages may not exceed the caps stated above in the compensatory damages section.
Punitive damages can still be awarded even in cases in which back pay or compensatory damages are not awarded. Note that punitive damages are not awardable against governmental employers. It is not enough that the plaintiff lose. The court must conclude that the plaintiff pursued his case beyond the point at which a reasonable person would conclude that his case was entirely without merit which may be the outset, in some cases.
This is a rare occurrence. Disparate treatment claim, non-governmental employer, no mixed motives: Not every plaintiff which falls into these categories will be able to prove entitlement to all types of damages available.
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Title VII is the not the only federal law which prohibits employment discrimination based on race — in fact, it may not be the best statute under which to file your claim.
For many workplace race discrimination claims, plaintiffs will be better served by filing . Title VII – The Swiss Army Knife of Workplace Discrimination Laws Posted on July 4, by fl_litig8r Title VII is a series of federal laws which prohibit workplace discrimination on the basis of race, color, religion, sex, or national origin.