What Can I Get If I Win?
What am I entitled to if I prove my claim of sex discrimination under the FCRA?If a determination of a violation of the FCRA is made, damages you are eligible to receive include back pay, compensatory damages (including damages for emotional distress), reasonable attorney’s fees, and up to $100,000 in punitive damages in a civil action. An employer’s liability for back pay is limited to two years. What is equitable relief?A remedy in equity is non-monetary relief, obtained when monetary damages cannot adequately redress the injury. What is injunctive relief?An injunction is a court order commanding or preventing an action. What is the difference between compensatory and punitive damages?Compensatory damages compensate for what you have lost, while punitive damages exist to punish the wrongdoer (in this case, an employer who has violated your rights under the FCRA). Am I entitled to my old job back?Yes, the FCHR can order your reinstatement, as well as ordering your former employer to cease and desist from any discriminatory actions. Will this be the final result?Yes. If a civil action is brought under the FCRA, the commission no longer has jurisdiction over the complaint once it is in court. If I am not satisfied with the result, can I appeal?Yes. Final orders of the commission are subject to judicial review.
Legal Glossary
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