Questions about Title VII Discrimination
Can Title VII override working environment and conditions detailed in an employment contract?Federal laws can usually not be overridden by simple contracts or office policies. And Title VII is classified as a Federal law. So normally an employer cannot create a strong employment contract or handbook that overrides rules pertaining to racial discrimination. Having said that, it is possible for an employee to agree to waive his/her rights with regard to Title VII protection with retroactive effect. This essentially means that an employee can enter into a release of claims in exchange for severance pay or other kinds of benefits.
What is considered a good amount to settle at in a Title VII mediation of racial discrimination where the EEOC has ruled in your favor?Reach a good settlement by considering the value of your lost pay and benefits, in addition to damages caused due to emotional distress, diminished credit rating and so on. As you are not required to endure a long trial, you should be able to recover your lost pay and benefits at the very least.
Could it be a retaliation under Title VII if a change is made in work schedule to ensure that an employee is isolated from other employees and is kept under strict supervision of the?A violation of Title VII would occur if an employee feels isolated by an employer, is aware of being treated more critically by an employer or feels that the employment relationship has been adversely altered because of unlawful discrimination. Under Title VII, unlawful discrimination is based on factors like religion, color, race, sex or national origin. Therefore, since an employee can try and enforce his or her rights under the Act, an employer has to be careful and cannot take adverse employment action based on unlawful discrimination. If you require more legal information regarding this, ask Employment Lawyers on JustAnswer right away.
Who determines the damages in a Federal racial discrimination Title VII lawsuit if the case is won by the plaintiff in summary judgement? How are the damages determined? Attached to the original claim is the Section 1981 retaliation claim. Does this get awarded separately?In such a case, you are entitled to recover lost pay and benefits until you can reasonably obtain similar employment. Also, if you have proof of intentional discrimination by the employer and malicious acts performed by the employer, you can get a judgment for punitive damages under Title VII. If this claim is proved, Section 1981 will help you fight for punitive damages as well. These damages can amount to huge sums if the employer is a large organization or government entity so consider that when arriving at a fair and just settlement amount.
Every employee has the right to work in an environment devoid of discrimination in order to fulfill his/her duties to the best of his/her ability. Title VII was formulated to protect these very rights. Employment Lawyers on JustAnswer can provide legal expertise on Title VII related issues quickly and at reasonable rates. So don’t hesitate to contact them with your employment related questions now.