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
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