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What Do I Get If I Win?
What am I entitled to if I prove my claim?It depends on the claim. For demotion, denial of promotion, firing, failure to reinstate, and equal compensation violations, back pay is the most common type of remedy. What is equitable relief?Equitable relief is any non-monetary remedy ordered by the court when money is not seen as sufficient to address the harm done to you. It can be any remedy that the court chooses to grant based on what it deems fair and within its powers to enforce. What is injunctive relief?A form of equitable relief, this is where the court orders an injunction which forces the employer to stop their discriminatory behavior. Am I entitled to monetary damages if I win?Most often, yes, you are entitled to some form of monetary damage. The actual amount depends on the claim. Is there any limit as to the amount of damages that I can receive?The sum of compensatory and punitive damages awarded cannot exceed:
(A) for an employer who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000;
(B) for an employer who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000;
(C) for an employer who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000; and
(D) for an employer who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000. What is the difference between compensatory and punitive damages?Compensatory damages are awarded to you to pay for the harm done. Punitive damages are awarded to punish your employer, in an effort to make sure that they do not discriminate again. Am I entitled to my old job back?Reinstatement is another form of equitable relief that the courts can order, although they are not required to. Often times, there is animosity between the parties as a result of the pursuit of the claim, which may entitle you to front pay. Most jurisdictions require that you make a reasonable effort to find a new, comparable job (called mitigating your damages), but if you cannot, or you can only find a lower-paying job, the court can grant front pay instead. Am I entitled to attorney’s fees?Yes, Title VII does provide for reasonable attorney’s fees to be awarded if you win the case. Will this be the final result?Typically, yes. There are limited grounds on which to appeal a decision, but most likely, the court’s decision will serve as the final result.
Legal Glossary
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