Remedies

Question 1

Which statute does not have explicit remedies in it?

Answer 1

sec1981

Question 2

which statues vernally have the same remedy scheme?

Answer 2

title 7, ADA, PWFA

Question 3

What are the remedies title 7 offers?

Answer 3

o Back Pay and Retroactive Seniority [Equitable Remedy]
o Reinstatement [Equitable Remedy]
o Front Pay [Equitable Remedy]
o Injunctive Relief [Equitable Remedy]
o Declaratory Relief
o Compensatory Damages like Emotional Pain and Mental Anguish [Legal Remedy]
o Punitive Damages [Legal Remedy]

Question 4

What are equitable remedies? give the examples.

Answer 4

Remedies rooted in fairness. Backapy, retroactive seniority, reinstatement, front pay, injunctive relief

Question 5

Which remedies are legal remedies?

Answer 5

punitive damages, emotion pain and mental anguish, declaratory relif

Question 6

Does compensatory relief include backpay or interest for backpay?

Answer 6

No

Question 7

What kinds of relief do the caps apply to?

Answer 7

future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages

Question 8

What is the cap for an employer with 15-100 employees?

Answer 8

50,000

Question 9

What is the cap for an employer with 101-200 employees?

Answer 9

100,000

Question 10

what is the cap for an employer with 201-500 employees?

Answer 10

200,00

Question 11

What is the cap for employers with 501 and more employees?

Answer 11

300,000

Question 12

When should an award of backpay be denied?

Answer 12

only for reasons which, if applied generally, would not frustrate the central statutory purposes of eradicating discrimination throughout the economy and making persons whole for injuries suffered through past discrimination.

Question 13

what is back pay exactly? what does it include?

Answer 13

lost income due to the discrimatory action. Includes wages, raises, overtime, bonuses, sick leave, vacation pay, and retirement bneifits

Question 14

Can an employee get reinstatement and front pay?

Answer 14

No. it’s one or the other

Question 15

between ordering reinstatement and front pay, which is preferable?

Answer 15

courts prefer to ward reinstatement. front pay is awarded only when the conflict between the employee and employer is so great that reinstatement would not be an effective remedy

Question 16

what is front pay exactly?

Answer 16

Front pay is a monetary remedy designed to compensate the plaintiff for the loss of future earnings he or she may suffer because the plaintiff cannot be placed in the position he or she was unlawfully denied.

Question 17

can judges use discretion in making front pay awards?

Answer 17

yes. front pay is inherently subjective

Question 18

Can an employee be put in a better position than they would be had the discrimaition not taken place via front pay?

Answer 18

No, but front pay is inherently speculative

Question 19

what is inductive relief?

Answer 19

the court’s order for an employer to either do something or cease doing somethign

Question 20

what 4 things must be shown for a court to award injunctive relief?

Answer 20

1that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and the defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.

Question 21

When can backpay be awarded?

Answer 21

backpay can be awarded s o long as it serves the purpose of tile 7
- SCOTUS says that title 7 has 2 goals – prevent discrimation and make discrimated meployees whole.

Question 22

If an employee is suing for front pay, and gets a job in the interval, what happens?

Answer 22

The front pay owing is reduced by however much the employee has actually made form their new job

Question 23

what is the limit on front pay?

Answer 23

front pay speculation must always be reasonable

Question 24

what standard are awards subject to?

Answer 24

abuse of discretion

Question 25

when is an employee most likely to get injunctive relief?

Answer 25

in a retaliatory setting

Question 26

can an injunction be given for retaliation claim, even where there is no proven underlying discrimaitroy action?

Answer 26

yes

Question 27

what are compensatory damages?

Answer 27

“future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.”

Question 28

Can you get a compensatory award for disparate impact?

Answer 28

No. compensatory claims are only available for intentional discrimination claims

Question 29

what is a pecuniary loss?

Answer 29

- A pecuniary loss is something of a tangible economic value

Question 30

what is a future pecuniary loss. give examples

Answer 30

- Future pecuniary losses are out of pocket expenses that are likely to occur after litigation concludes – ex. moving expenses, job search expenses, medical expenses, and so on

Question 31

what is a non-pecuniary loss?

Answer 31

- Non pecuniary losses are losses that stem from intangible emotional and reputaitnal harms incurred by a Title 7 planitff as a result of the discrimatory coduct htye experienced – damges are avible for emotional pain, inconvenience, anguish, injury to professional standing, and so on

Question 32

what kind of remedy is potentially avalible for damage to reputation? what would need to be proven?

Answer 32

non-pecuniary loss. only possible where there is proof of intentional discrimination, not disparate impact

Question 33

when are punitive damages avalible?

Answer 33

for an intentional discrimaition act where there is evidence of either balance or reckless indifference towards the federally protected rights of the individual

Question 34

when can an employer avoid liability for punitive damages?

Answer 34

- Employers can still avoid punitive damages by showing “good faith efforts” to comply with title 7 – ex. adopting and implementing an anti-discrimitnation policy

Question 35

what are the 6 factors in determining if an employer acted with malice or reckless disregard?

Answer 35

o Degree of egreeguiusness and nature of employer conduct o Nature, extent, and severity of harm suffered by plantiff o Duration of discriminatory conduct o Existance and frequency of past similar conduct by employer o Evidence that the employer tried to cover up the discrimatory practise o Employers actions after learning of the discriminatory conduct

Question 36

are compensatory damages capped?

Answer 36

yes, except for sec1981 violations

Question 37

what is the "current year" used for determining how many employees an employer has?

Answer 37

the year where the discimriatory act took place

Question 38

what is the duty to mitigate?

Answer 38

- The duty to mitigate requires the planitff to make reasonable and good faith efforts to find and maintain substantially equivalent employment

Question 39

Under the ADA, when can a plnaitff receive compensatory or punitive damages?

Answer 39

only if there is no proof that the employer engaged in good faith efforts to reasonably accomodate

Question 40

does sec1981 have a cap?

Answer 40

no

Question 41

what is a big difference between ADEA and title 7 damages?

Answer 41

the ADEA allows for recovery of liquidated damages in cases of WILLFUL violations

Question 42

what is a willful violation under the ADEA?

Answer 42

when the employer shows reckless disregard for rights under the ADEA

Question 43

what is the statute of limtaiotns for sec1981?

Answer 43

4 years after the alleged evevnt

Question 44

can the court order an employer to engage in AA as a remedy?

Answer 44

yes - when there is a pattern of disrimantory behaviour

Question 45

do disparate impact claims allow for compensatory damages?

Answer 45

No. only back pay

Question 46

do disparte impact claims allow for punitive damages?

Answer 46

no

Question 47

is the jury informed of the caps?

Answer 47

no

Question 48

can we consider the employee count of a parent organization in determining the approbate cap?

Answer 48

yes, but only if that parent organization was the nitty that made the adverse employment decision

Question 49

what happens if a plaintiff is found not to have upheld her duty to mitigate?

Answer 49

they forfeit their backpay dated from the past at which they failed their duty forwards. so. if they got a second job, and were then let go, they would not receive back pay from that second termination forwards

Question 50

who pays lawyer fees?

Answer 50

A losing defendant will always pay the plaintiff's fees. A winning defendant will not have their fees reimbursed by the plaintiff