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A. Is it appropriate to seek temporary or preliminary relief pending final disposition of the charge?
1. Is there a substantial likelihood that the challengedaction will be found to constitute unlawful retaliation?
2. Will the retaliation cause irreparable harm to CP and/or the EEOC?
- Will CP likely incur irreparable harm beyond financial hardship because of the retaliation?
- If the retaliation appears to be based on CP's filing of a prior EEOC charge, will that retaliation likely cause irreparable harm to EEOC's ability to investigate CP's original charge of discrimination?
If there is a substantial likelihood that the challengedaction will constitute retaliation and if that retaliation will cause irreparable harm to CP and/or the EEOC, contact the Regional Attorney about pursuing temporary or preliminary relief.
B. Are compensatory and punitive damages available and appropriate?
Compensatory and punitive damages are available for retaliation claims under all of the statutes enforced by the EEOC, including the ADEA and the EPA. Compensatory and punitive damages for retaliation claims under the ADEA and the EPA are not subject to statutory caps.
Punitive damages often are appropriate in retaliation claims under any of the statutes enforced by the EEOC.
Congratulations! You're now booked up on Item 0-4 of Chapter 8: Retaliation from the EEOC's Compliance Manual!
You might need to reference it during your pursuit of justice.
