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EEO LAW BASICS
CHAPTER 11
DAMAGES IN EEO LITIGATION

11-A | TITLE VII AND THE ADA

1) Injunctions

2) Order directing hire, reinstatement, promotion, payment of higher salary and benefits

3) Back pay: wages and benefits lost as a result of discrimination

a) Mitigation: employer may try to prove that the plaintiff was not reasonably diligent in seeking comparable employment and would have had reasonable chance of securing a comparable job had she diligently searched for one.

4) Reasonable attorneys’ fees and costs (unless lawsuit is frivolous, lacking foundation, or unreasonable, fees and costs are not generally awarded to prevailing defendants)

5) Compensatory and punitive damages

a) Subject to caps. Total compensatory and punitive damage award cannot exceed:

i. $300,000 for employers with more than 500 employees

ii. $200,000 for employers with 201 – 500 employees

iii. $100,000 for employers with 101 – 200 employees

iv. $50,000 for employers with 100 or fewer employees


b) Punitive damages require intentional discrimination, done with malice or reckless indifference


6) Declaratory relief

7) Front pay, not subject to damages caps applicable to compensatory and punitive awards

8) Prejudgment and postjudgment interest. American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006

11-B | SECTION 1981 AND 1983

1) Courts may award generally the same relief as under Title VII, including attorneys’ fees.

2) Damages caps imposed on compensatory and punitive damage awards under Title VII do not apply. American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006

11-C | THE ADEA

1) Courts may award generally the same equitable relief as under Title VII, including attorneys’ fees.

2) In the case of willful violations of the ADEA, a plaintiff may recover “liquidated damages” in an amount equal to the backpay award.

Compensatory and punitive damages are not generally

American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
Congratulations! You're now booked up on Chapter 11 from the American Bar Association's official handbook on EEO Law Basics!

Please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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