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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29583
Experience:  Former judicial law clerk, lawyer
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We have a very strong retaliation and gender discrimination

Customer Question

We have a very strong retaliation and gender discrimination case and we are seeking punative damages in a Florida federal court? Is there limita?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that you were discriminated against.

There is a cap on the amount of compensatory plus punitive damages that can be awarded in a discrimination case brought under federal law. The total depends on the size of the employer.

  • 15-100 employees: $50,000.
  • 101-200 employees: $100,000.
  • 201-500 employees: $200,000.
  • 500+ employees: $300,000.

In cases where the plaintiff is seeking damages for gender-based discrimination under the Equal Pay Act, compensatory and punitive damages are not allowed. However, the plaintiff may be entitled to "liquidated damages" in the amount of wages lost due to the discrimination.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
What about retaliation limits
Expert:  Lucy, Esq. replied 1 year ago.

Sorry - there isn't a limit on compensatory damages in retaliation cases, and damages can include attorney's fees. There's no cap on that, either. The general whistle blower statute doesn't provide for punitive damages unless you happen to be a railroad employee or you're alleging a pattern of behavior that affects the public at large.

Expert:  Lucy, Esq. replied 1 year ago.

There isn't a cap on punitive damages in the latter situation. For railroad employees, it's $250,000.