Tuesday, 20 November 2012

About the Types of Relief a Victim of Employment Discrimination May Receive

An employee or an applicant can be entitled to certain types of employment discrimination relief or damages if their erring employer is found guilty of a discriminatory act in the workplace. The relief or damages that may be awarded to the employee or applicant usually comprises back pay for lost wages and payment for emotional distress and mental anguish caused by discrimination.
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Aside from monetary compensation, the employee or applicant may also be entitled employment remedies, including reinstatement to the disputed job or promotion. For him or her to receive such relief, he or she must adhere to the protocol regarding employment discrimination.

To begin with, an applicant or an employee subjected to employment discrimination must file a charge against the employer with the help of the Equal Employment Opportunity Commission (EEOC). He or she must do so within 180 days of the incident. If state or local anti-discrimination laws apply, then he or she is given 300 days.

The EEOC, a federal agency responsible for enforcing anti-discrimination laws in the workplace, will entitle the employee or applicant relief or damages once a settlement is reached with the employer in question. However, if the EEOC does not pursue a charge, a Notice of Right to Sue is issued. At this point, thje employee or applicant may retain the services of a Los Angeles employment discrimination lawyer to privately sue the erring employer.

Meanwhile, here are the common types of relief an employee or applicant may receive when the case has been settled:
  • Hiring, promotion, or job reinstatement.
  • Back pay. It includes compensation for the wages and benefits that he or she would have earned from the date of the discrimination to the date of the settlement.
  • Front pay. This is compensation that may be awarded to the applicant or employee had there have been no acts of discrimination that happened.
  • Compensatory damages. This covers the applicant or employee’s actual monetary losses, as well as reparation for the experience of mental anguish or pain and suffering.
  • Exemplary (punitive) damages. This is given to the applicant or employee as a way of punishing the employer’s malicious or reckless act of discrimination.

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