Remedies in a Florida Employment Discrimination Case
Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act of 1992 (the FCRA) prohibit an employer from discriminating against an employee based on certain classifications. Specifically, the FCRA makes it illegal to discriminate against an employee based race, religion, sex, national origin, age, handicap, color, or marital status. If you are seeking to file a claim against your employer for employment discrimination, you should understand the damages you could potentially receive if your claim is successful.
Monetary Damages in Florida Employment Discrimination Cases
Many of the types of damages recoverable in an employment discrimination case fall under the umbrella of “monetary damages.” There are several types of monetary compensation recoverable in a Florida employment discrimination case:
- Back Pay: A successful claimant may recover any salary, wages, tips, commission, or other income that the claimant lost as a result of the discrimination. A court may only order an employer to pay back pay of up to two years.
- Future Lost Income: A successful claimant may be able to recover for future lost income particularly where a claimant is unable to resume their former position.
- Compensatory Damages: Compensatory damages include intangible injuries such as loss of dignity, mental anguish, or pain and suffering. It also includes any out-of-pocket costs you may have incurred as a result of the discrimination, including any costs associated with looking for a new job or updating your job application materials.
- Reasonable Attorneys’ Fees: A claimant may be able to recover attorney’s fees based on how many hours their attorney spent on their case and the average hourly rates for attorneys of equivalent levels of experience.
- Punitive Damages: In rare cases, a court may determine punitive damages are appropriate. The FCRA caps punitive damages at $100,000 for employment discrimination cases.
Injunctive and Affirmative Relief in Florida Employment Discrimination Cases
In addition to purely monetary remedies, you may also be able to seek injunctive or affirmative relief as remedies for your discrimination claim. Specifically, for injunctive relief, you may ask the court to issue an injunction against your employer to prevent them from engaging in the discriminatory behavior in the future. Alternatively, you could seek affirmative relief, including asking the court to compel your employer to place you back in the position you would have been in if you had not been discriminated against. Affirmative relief may include re-hiring/reinstatement, restoration of benefits, salary adjustment, or letters of recommendation.
How Does a Court Determine Damages?
In order to determine what damages a plaintiff may be entitled to, the court will look at a variety of factors including the plaintiff’s employment records, history with the company, and proof of any expenses paid by the plaintiff as a result of the discrimination. To help your lawyer build the most successful case against your employer, you should find any records you have received from your employer including any offers or termination letters, benefits packages, and performance evaluations.
Reach Out to Us for Assistance
If you are seeking damages from your employer for alleged discrimination, contact the experienced Clearwater employment law attorney, Amie K. Dilla at Dilla Employment Law, P.A. today. She can help you evaluate the merits of your claim and help you understand the damages you could potentially recover. Contact us today at 727-248-6624 for a free consultation.