Remedies in Employment Discrimination Cases

Employment discrimination in South Florida can take a wide range of forms, and it can affect job applicants and employees with many different identity characteristics. When a job applicant or an employee does experience discrimination — including being treated differently than other applicants or employees due to membership in a protected class like race or religion or sex, as well as sexual harassment and other forms of harassment — the possibility of an employment discrimination claim might come up. Indeed, a family member or friend might suggest the job applicant file an employment discrimination claim. But what are the aims of filing an employment discrimination claim?

Typically, when a job applicant or an employee files a discrimination claim, they are seeking a remedy. Remedies in employment discrimination claims can vary based on the facts of the case. Our Palm Beach Gardens employment discrimination lawyers can tell you more about the types of remedies that may be generally available, and we can speak with you today about the remedies that you may be able to seek in your case.

Compensatory Damages 

Compensatory damages are monetary damages that are designed to compensate a plaintiff for losses they have experienced. Losses can be direct monetary ones, for which a plaintiff can receive economic damages such as payment for lost wages (one type of compensatory damages). Losses can also be subjective ones, for which a plaintiff can receive noneconomic damages such as payment for emotional suffering (another type of compensatory damages).

Punitive Damages

 Punitive damages are also monetary but are designed to punish a defendant for wrongdoing and to prevent similar actions in the future.

There are caps or limits on compensatory and punitive damages in many employment law claims, depending on the size of the employer.

Liquidated Damages 

When discrimination claims involve age discrimination or wage discrimination on the basis of sex, a plaintiff may be eligible for liquidated damages, which are “a fixed amount” based on a specific violation.

Equitable Relief 

Other remedies may also be available, including forms of equitable relief. Rather than a remedy that involves money, equitable relief is a type of remedy that requires an employer in an employment discrimination case to perform a certain action or avoid performing a certain action. The term “specific performance” is one type of equitable relief that requires a defendant to do something (such as reinstating an unlawfully terminated employee). Injunctions, which are designed to stop certain behaviors, are another type of equitable relief (such as requiring an employer to stop taking retaliatory actions against an employee).

Contact a Palm Beach Gardens Employment Discrimination Lawyer 

Job applicants or employees who have faced discrimination in the hiring process or in the course of their employment may be eligible for one or more remedies upon filing an employment discrimination claim. Depending on your individual circumstances, you could be eligible to receive monetary damages in addition to actions taken on your behalf, such as job reinstatement. If you have any questions or if you want to find out more about filing a claim, you should get in touch with an experienced Palm Beach Gardens employment discrimination attorney at Sconzo Law Office as soon as you can. Contact us today for more information.

Sources:

eeoc.gov/remedies-employment-discrimination#:~:text=There%20are%20limits%20on%20the,employees%2C%20the%20limit%20is%20%24100%2C000

law.cornell.edu/wex/equitable_relief

americanbar.org/groups/construction_industry/publications/under_construction/2021/summer2021/liquidating_damages/