Blog Layout

What are the Remedies for Employment Discrimination?

money in bagThe general rule for determining the appropriate remedy in an employment discrimination case is to put the victim in a similar position as he/she would’ve been had the discrimination not occurred. Thus, the relief afforded by the court will vary depending upon the discriminatory action and the impact it had on the victim. The court may also award the victim of discrimination recovery of his/her attorney’s fees and court costs. The court will also require the employer to stop its discriminatory practices, including taking measures to prevent future discriminatory acts.

If the employer intentionally discriminated against the victim based upon the individual’s race, color, national origin, sex, pregnancy, religion, disability or genetic information, the court may compensatory and punitive damages. Compensatory damages are meant to make the victim whole. In other words, the award is to cover all of the victim’s expenses cause by the discrimination, including any emotional harm suffered. Punitive damages are awarded to punish the employer who acted maliciously or recklessly in discriminating against the victim.

According the U.S. Equal Employment Opportunity Commission’s website , the limits on the amount of compensatory and punitive damages an individual can recover vary depending on the size of the employer:

  • For employers with 15-100 employees, the limit is $50,000.
  • For employers with 101-200 employees, the limit is $100,000.
  • For employers with 201-500 employees, the limit is $200,000.
  • For employers with more than 500 employees, the limit is $300,000.

It should be noted in cases of intentional age discrimination or sex-based wage discrimination under the Equal Pay Act, victims may be entitled to liquidated damages, but they cannot recover compensatory or punitive damages. Liquidated damages are awarded in cases where the employer should be punished for malicious or reckless acts of discrimination. To calculate the appropriate amount of liquidated damages to award, the court uses an amount equal to the back pay awarded to the victim.

If you have questions regarding defending discrimination lawsuits or any other employment law matter, contact the employment attorneys at The Swenson Law Firm.

Share by: