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John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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My name is Rose. I have been discriminated against for 8 years

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My name is Rose.
I have been discriminated against for 8 years by my employer. I have all the documentation to prove it. EEOC has told me I do have a case. So, I am presenting my case to my employer for settlement. I am African American Female over 60 and have been denied an upgrade of my position while all of my counterparts have been upgraded above me, yet I hold the highest position and do all the required work. There has been refusal to upgrade my position description yet non-AA's were upgraded. One was reviewed and upgraded again within 8 months. I have told EEOC I really would like to settle inhouse if my employer will work fairly and equitably with me. Several of the Senior Administrators has acknowledged that I have been treated unfairly and wants this settled. At this point I am giving the new VP for HR a packet. If my employer is willing to settle with me, what amount should I be asking for? this has been over 8 years of humilitation, insults, harassment, discrimination. Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
Hi, Rose thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today. I'm sorry to hear about this matter.

To answer this you must first understand the entire premise of the discrimination statutes is to make the discriminatee "whole" for the discrimination he or she has suffered. This would include back-pay and benefits, out of pocket costs, as well as future wage and benefits costs if the employer if they are not going to put you in the position you should have been in all these years. Further, compensatory costs may be awarded for things like mental anguish or harm because of the discrimination Likewise, in the remedy may include placing the employee where he/she should have been placed in the company (which may occur in the case of not getting a promotion or raise because of discrimination) . Lastly, the federal discrimination laws allow punitive damages against the employer in limited circumstances.

Generally, your best bet in mediation would be to go in with your highest number tallied for all these and present the same as you opening offer. The mediator will then meet with you and or the other party privately, and you should be willing to settle the matter for some figure less than your highest offer. Likewise the other side should come up from its lowest offer. There may also be actions you want the company to take - like make your fringe benefits or pension payments or grant you a promotion, these demands should also be made clear.

 

Since you are at he EEOC, you haven't paid anything for representation. But your primary claim is going to be what you would have been paid in salary, wage and fringes if you would have been properly promoted; you'll need to compute that. You also are asking for an equitable remedy of being promoted. And, you are asking for some type of compensation for the harassment/humiliation you've endured. If you have had increased medical costs because of such harassment you'll need to include those. Lastly the law allows punitive damages in the following rations:
  • For employers with 15-100 employees, the limit is $50,000.
  • For employers with 101-200 employees, the limit is $100,000.
  • For employers with 201-500 employees, the limit is $200,000.
  • For employers with more than 500 employees, the limit is $300,000.

This should give you a good idea of where to start your settlement discussions. No one gets everything they demand in bargaining, but knowing what the law allows is key.

 

 

 

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

 

Customer: replied 1 year ago.

Thank you so much for your great expertise! This is a great help to me in knowing what my range of compensation.


 


Q1.Since I haven't at this point, released EEOC to mediate for me, but me and my new administrator are mediating in house only, do I still have the same compensation parameters as you outlined?


Q2. Since I am mediating without legal guidance or EEOC do you think I am safe to do this? Reason I ask this is I don't want them to come up with some other crazy stuff if they decide to award me. I definitely will not quit my job, but have 4 more years to full retirement for SS. The one piece is that I have all the documentation for the past 8 years of all the unfair treatment.


 


3. Since it is known there has been lots of inequality towards me, it would be safe to have as part of my negotiations that there be no retaliation? With my new VP, everything will be okay as long as he is here because he does not approve of such treatment.


 

Expert:  John replied 1 year ago.
Rose,

Answering your follow-ups:

Q1.Since I haven't at this point, released EEOC to mediate for me, but me and my new administrator are mediating in house only, do I still have the same compensation parameters as you outlined? -- Yes, it may be more difficult because you are going to have to explain where you are deriving these numbers. The EEOC website does essentially explain damages scenarios. So it may be helpful to provide that website to the employer.

Q2. Since I am mediating without legal guidance or EEOC do you think I am safe to do this? Reason I ask this is I don't want them to come up with some other crazy stuff if they decide to award me. I definitely will not quit my job, but have 4 more years to full retirement for SS. The one piece is that I have all the documentation for the past 8 years of all the unfair treatment. -- Technically the EEOC acts as a neutral in any mediation anyway. You will not harm your potential mediation or charge by attempting to negotiate because all settlement discussions are precluded from being offered as evidence in support of, or in denial of, a potential eeoc claim.

3. Since it is known there has been lots of inequality towards me, it would be safe to have as part of my negotiations that there be no retaliation? With my new VP, everything will be okay as long as he is here because he does not approve of such treatment. -- You can try to incorporate that into a potential settlement, but, legally, you already have that. It is unlawful to retaliate against anyone for reason that they initiated a claim or cooperated in a civil rights claim.

 

Hope this helps. Let me know if I can be of further assistance. Thanks.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2971
Experience: Exclusively practice labor and employment law.
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