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Employment Discrimination > Remedies > Flashcards

Flashcards in Remedies Deck (25):
1

Goal of remedy for discrim?

Make plaintiff whole

2

What are the two major limitations on remedies?

No after acquired evidence (no front pay, no reinstatement)

Same decision defense (if employer would take same decision under Title VII, no damages)

3

Legal remedies are limited to claims of . . .

INTENTIONAL discrimination

4

Title VII places a cap on the recovery of compensatory and punitive damages COMBINED based on the number of employees. Limits for the following?

15-100?
101-200?
201-500?
501+

$50k

$100k

$200k

$300k

5

Compensatory damages are awarded for whats? (6)

Future pecuniary losses

Emotional pain

Suffering inconvenience

Mental anguish

Loss of enjoyment of life

Other nonpecuniary losses

6

Punitive damages are limited to cases in which the employer has engaged ______ ______ and has done so with _______ or ______ ______ to the federally protected rights of an aggrieved individual

Intentional discrimination

Malice or Reckless Indifference

7

Under which statute are liquidated damages available?

ADEA.

8

A successful ADEA plaintiff may recover _____ _____ and liquidated damages in an amount equal to the amount of ______ ______

Unpaid wages x2.

9

Under the ADEA, liquidated damages are ONLY awarded in cases of what type of violation?

Willful.

10

What is a "willful" violation under the ADEA?

Once in which the employer knew or showed reckless disregard for the matter of whether its conduct was prohibited by the Act.

11

Courts may/may not award instatement, reinstatement, and retroactive seniority.

May

12

A backpay award may included all the compensation P would have received . . .

In the absence of discrimination.

13

When does the backpay period begin?

When P first lost wages.

14

By law, there is a ____ year limitation on the calculation of backpay.

2

15

The backpay period ends . . . . or . . . .

On the date of judgment

when the employee rejects reinstatement offer.

16

A backpay award must be reduced by amount that . . .

Were earned OR could have been earned with reasonable diligence.

17

A front-pay award is a substitute for what?

Reinstatement

18

A front-pay award covers the time period from the date of judgment until when?

The employee obtains the wrongfully denied position.

19

Front pay estimates what?

Total future salary and benefits

20

Front pay must be reduced by the amount that . . .

Plaintiff could earn with reasonable diligence.

21

Each statute provides for the recovery of attorney's fees and costs to the prevailing party, true or false?

True.

22

In order to be awarded attorney's fees and costs, the party must _____.

Prevail

23

What is the definition of a prevailing party?

A party who is awarded some relief by the court (as opposed to simply spurring the defendant to change)

24

Which three remedies are subject to caps?

Compensatory damages

Punitive damages

Liquidated Damages (ADEA)

25

Which four remedies are NOT subject to cap?

Backpay
Front pay
Atty's fees
Declaratory or injunctive relief