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Enforcement Of Workplace Discrimination Laws

What Remedies Are Available When Discrimination Is Found?

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The "relief" or remedies available for employment discrimination may include:

  • Back pay you lost due to the discrimination, usually from the moment the discrimination occurred to the time that it is determined there was discrimination.
  • Ordering you to be hired if the discrimination caused you not to be hired for a position.
  • Ordering you to be promoted if the discrimination caused you not to be promoted.
  • Reinstatement to the job from which you were unfairly fired.
  • Front pay, which is a lump sum amount to cover the time from when the discrimination is determined until an estimated time in the future when you should be back in the work force with no effects of the discrimination, such as 6 months of future salary.
  • Provision of a reasonable accommodation (see Reasonable Accommodation).
  • Other actions that will make you "whole," which basically means returning you to the condition you would have had if the discrimination hadn't happened.
  • The employer may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.
  • An employer may also be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws and their right to be free from retaliation.
  • If your employer is subject to the Federal Rehabilitation Act, the employer may be barred from receiving federal contracts.
  • Remedies also may include payment of:
    • Your attorneys' fees,
    • Expert witness fees, and
    • Court costs.

Reasonable accomodation: In cases concerning reasonable accommodation under the ADA, you may not be awarded any damages if your employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation.

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