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EEOC question. Lawyer wants to know why I asked for a

Customer Question
EEOC question. Lawyer...

EEOC question. Lawyer wants to know why I asked for a monetary settlement, but I do not know what to ask for on age discriminaiton.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

PA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Case goes back to judge via the lawyer

Submitted: 7 months ago.Category: Employment Law
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Answered in 17 minutes by:
11/28/2017
Employment Lawyer: Pheobe Clark, Lawyer replied 7 months ago
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 154
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified

In an age discrimination claim, you are seeking monetary settlement in the form of back pay.

Whenever discrimination is found, the goal of the law is to put the victim of discrimination in the same position (or nearly the same) that he or she would have been if the discrimination had never occurred.

The types of relief will depend upon the discriminatory action and the effect it had on the victim. For example, if someone is not selected for a job or a promotion because of discrimination, the remedy may include placement in the job and/or back pay and benefits the person would have received.

The employer also will be required to stop any discriminatory practices and take steps to prevent discrimination in the future.

A victim of discrimination also may be able to recover attorney's fees, expert witness fees, and court costs.

Remedies May Include Compensatory & Punitive Damages

Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person's race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religion, disability, or genetic information.

Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).

Punitive damages may be awarded to punish an employer who has committed an especially malicious or reckless act of discrimination.

Limits On Compensatory & Punitive Damages

There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer:

  • 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.

Age Or Sex Discrimination & Liquidated Damages

In cases involving intentional age discrimination, or in cases involving intentional sex-based wage discrimination under the Equal Pay Act, victims cannot recover either compensatory or punitive damages, but may be entitled to "liquidated damages."

Liquidated damages may be awarded to punish an especially malicious or reckless act of discrimination. The amount of liquidated damages that may be awarded is equal to the amount of back pay awarded the victim.

Ask Your Own Employment Law Question
Employment Lawyer: Pheobe Clark, Lawyer replied 7 months ago

so you should be seeking monetary award in terms of what you loss because you believe the discrimination was intentional. if you lost wages request your back pay.

I hope I understood your question about damages correctly. if I have provided you adequate guidance, please reward me with a positive rating so I can get credit and close out this session. Thanks!!!

Ask Your Own Employment Law Question
Employment Lawyer: Pheobe Clark, Lawyer replied 7 months ago
if I have provided you adequate guidance, please reward me with a positive rating so I can get credit and close out this session. Thanks!!!
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