Employment Discrimination and Legal Remedies for Victims

There are several anti-discrimination laws that protect workers from unfair employment practices on the basis of their gender, age, disability, genetic information, pregnancy, religion, race, national origin, marital status, and sexual orientation.

Definition of Discrimination

Discrimination in workplace happens when an individual or a particular group of people is experiencing unfavorable treatment; exploitation and abuses; and economic disadvantages because of their race, age, disability, etc.

According to the US Equal Employment Opportunity Commission (EEOC), discrimination can happen in all the aspects of employment such as:

• Job description
• Hiring process
• Recruitment
• Promotion
• Training
• Termination
• Layoff
• Job assignment
• Fringe benefits, retirement plans, employer-provided benefits
• Wages and salaries
• Medical leave

Legal Remedies for Discrimination Victims

The amount of legal remedies given to workers will depend on the nature of the violation, loss of income, emotional stress, and severity of the discriminatory practices.

These are the types of legal remedies workers can receive:

Promotion, Hiring, or Reinstatement

If the workers are qualified for a certain job, they may be promoted, hired, or reinstated by the companies which committed the discriminatory act.

However, such legal remedies are not recommended if the work environment is too hostile that the workers have a great chance to experience discrimination again or even retaliation.

Front Pay

This includes compensation for wages and other benefits that a worker would have earned if there had been no discrimination committed. Usually, this award is given to employees who cannot go back to their jobs (because the work environment is too hostile or there is no vacancy).

Back Pay

This covers the loss of wages and benefits caused by discrimination. Courts compute this award by counting the days since the discrimination has first occurred (e.g. failure to promotion, termination) until the date of trial or settlement.

Punitive Damages

This award, which is not based on the actual monetary losses, is a way to punish employers for their malicious intent or reckless indifference. However, this award is rare in discrimination suit since courts usually apply this only if the victims experience serious bodily injuries.

Payment of Fees

This covers the workers’ out-of-pocket expenses for lawyer and witness fees.

Compensatory Damages

This award includes compensation for the actual and future money losses, inconvenience, and emotional stress. However, this legal remedy does not apply to age discrimination.

Implementation of Anti-Discrimination Policies

This includes training workers on how to prevent discrimination; terminating individuals who committed the discriminatory act; and providing reasonable accommodations that will prevent future discrimination.