relief /damages Flashcards
what do you need to determine when addressing discrimination damages? five in all
1.Whether reinstatement is available;
2.Whether front pay should be awarded in lieu of reinstatement;
3.Whether back pay is appropriate;
4.Whether compensatory and/or punitive damages should be awarded; and
5. Whether attorneys’ fees should be granted.
what is reinstatememt and how do employers feel about it
Unique remedy; but the preferred one
Employers may not want to use this because of hostility, lack of qualifications, moved on etc
what are the three typical situations where the courts will consider reinstatement not feasible
Too much hostility or animosity between the parties;
Position previously held by the worker no longer exists at the company;
While the case has proceeded, the employer may have hired another worker to fill the prior worker’s position at the company.
what is front pay? when is it usually given? who determines it? how far back ahead does it usually go
Where reinstatement is not feasible courts will frequently award money damages in its place.
Front pay is measured from the date of the unlawful judgment to some unspecified date in the future; usually 1-2 years
the court
is front pay speculative
yes, highly speculative
what is the most important factor in determining front pay
p’s salary; the ability of the employee to do the job is also considered
what is back pay; who determines it
A jury determination
Where discrimination is found, back pay is typically awarded from the date the discrimination occurred to the date of judgment in the case.
how does the statute limit the award of back pay
Statute limits award of back that is more than two years prior to the filing of the charge with the Commission
what does back pay include
Award the plaintiff for the loss of income as a result of the discrimination.
Includes lost wages, lost benefits, commissions, and other sources of income that a plaintiff may have been forced to forego.
how can p mitigate damages via back pay
Plaintiff must not accept any employment opportunity but the plaintiff should attempt to find equivalent employment and should accept it when it is available.
what is the key takeaway from du pont
Remedies available to plaintiffs under the Americans with Disabilities Act include backpay, reinstatement, and front pay if the plaintiff reasonably mitigates her damages.
what is punative damages in title vii
Punitive damages are available under Title VII when the plaintiff successfully shows that the employer engaged in a discriminatory practice or showed reckless indifference to the federally protected rights of an aggrieved individual.
what are the elements when determinig if a p is entitled to punitive relief (focus is on whether the defendant acted with malice or reckless disregard for plaintiff’s rights) ie taken from Kolstad
- Whether the employer had knowledge of its obligations under Title VII;
- Whether the unlawful conduct can be imputed to the employer; and
- Whether the employer can establish that it was acting in good faith under the statute. (this third part is an affirmative defense; if judge believes then punitive damages are wiped off the table
what is the cap on damages for puntiave and compenstaory
combined capped at 300k for largest employers (500 plus employees)
Not same as front/back pay so not included in that cap
Sliding scale for smaller employers
50k cap
what is the key takeaway from Kolstad
Does the employer’s conduct have to be egregious or outrageous independent of its state of mind in order to sustain an award for punitive damages under Title II?
there is no egregious requirement for punitive
Its enough to show knowledge of the law and violation
