EEOC HANDBOOK ON RETALIATION
EEOC COMPLIANCE MANUAL
CHAPTER 8: RETALIATION
SECTION 3: SPECIAL REMEDIES ISSUES
3-A | TEMPORARY OR PRELIMINARY RELIEF
Temporary or preliminary relief allows a court to stop retaliation before it occurs or continues. Such relief is appropriate if there is a substantial likelihood that the challenged action will be found to constitute unlawful retaliation, and if the charging party and/or the EEOC will likely suffer irreparable harm because of the retaliation. Although courts have ruled that financial hardships are not irreparable, other harms that accompany loss of a job may be irreparable. For example, in one case forced retirees showed irreparable harm and qualified for a preliminary injunction where they lost work and future prospects for work, consequently suffering emotional distress, depression, a contracted social life, and other related harms.53 A temporary injunction also is appropriate if the respondent's retaliation will likely cause irreparable harm to the Commission's ability to investigate the charging party's original charge of discrimination. For example, the retaliation may discourage others from providing testimony or from filing additional charges based on the same or other alleged unlawful acts.54
The intake officer or investigator should notify the Regional Attorney when a charge of retaliation is filed and where temporary or preliminary relief may be appropriate.55
Footnotes
54 See, e.g., Garcia v. Lawn, 805 F.2d 1400, 1405-06(9th Cir. 1986) (chilling effect of retaliation on other employee's willingness to exercise their rights or testify for plaintiff constitutes irreparable harm).
55 29 C.F.R. §1601.23 sets forth procedures for seeking preliminary or temporary relief. Section 13.1 of Volume I of the EEOC Compliance Manual sets forth procedures for selecting, developing, and obtaining approval of such cases.
3-B | COMPENSATORY AND PUNITIVE DAMAGES
1. Availability of Damages for Retaliation Under ADEA and EPA
2. Appropriateness of Punitive Damages
Footnotes
57 See Moskowitz v. Trustees of Purdue University, 5 F.3d 279 (7th Cir. 1993) (FLSA amendment allows common law damages in addition to back wages and liquidated damages where plaintiff is retaliated against for exercising his rights under the ADEA); Soto v. Adams Elevator Equip. Co., 941 F.2d 543(7th Cir. 1991) (FLSA amendment authorizes compensatory and punitive damages for retaliation claims under the EPA, in addition to lost wages and liquidated damages).
58 See Kim v. Nash Finch Co., 123 F.3d 1046 (8th Cir. 1997) (evidence of retaliation supported jury finding of reckless indifference to plaintiff's rights; although $7 million award for punitive damages was excessive, district court's lowered award of $300,000 was not).
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
