If you have suffered employment discrimination, you should speak to a lawyer as soon as possible. There are several remedies that you be entitled to receive due to employment discrimination.
The Virginia Human Rights Act says that a prevailing employee in a discrimination case under state law may recover significant damages including uncapped back pay damages, uncapped compensatory and punitive damages and reasonable attorney’s fees and costs. Amendments in the Virginia Values Act could result in substantial awards to employment discrimination plaintiffs in cases brought to state court.
Furthermore, the court or jury may award an employee other equitable relief under the VA HRA to include a temporary or permanent injunction, restraining order, or other order including an order enjoining the defendant from continuing to engage in discriminatory practice, or an order requiring other action by the defendant.
[Related: Employment Law in Virginia]
Before you file under Virginia state law or federal law, nearly all plaintiffs must file with the Virginia Division of Human Rights, a local county or city Human Rights office, or the federal Equal Employment Opportunity Commission. As a Virginia employee, you only need to file with one of the agencies, since they will work together to remedy the discrimination in the commonwealth.
Once you file, the agency will attempt to remedy discrimination informally, if it finds reason to believe discrimination occurred. If these informal methods are unsuccessful, a plaintiff may file in court.
The Virginia Supreme Court has upheld substantial damages awards for employment plaintiffs under different theories of recovery. In Sea-Land Service, Inc v. O’Neal, the court upheld an award of $125,000 for the plaintiff in a breach of contract and fraudulent inducement employment claim. This included front pay in the amount the plaintiff would have earned had she remained employed, as well as compensatory damages covering damages caused by humiliation or embarrassment that resulted from her loss of employment.
Under Title VII of the Civil Rights Act of 1964, courts may award prevailing plaintiffs up to $300,000 in compensatory and punitive damages, with the amount lower for employers with 500 or fewer employees. Backpay is not included in Title VII’s cap for compensatory or punitive damages, since backpay is considered equitable relief, instead of legal relief. In Fox v. General Motors Corp, the Fourth Circuit upheld a $200,000 award in compensatory emotional distress damages under Title VII.
[Related: COVID-19 Whistleblower Protection]
The definitions are the same under the HRA and Title VII. Backpay provides the plaintiff with the money and fringe benefits they were denied because of the unlawful discrimination. Backpay and front pay are often used interchangeably.
Compensatory damages cover out of pocket expenses caused by discrimination, including job search, medical, and mental anguish costs. Punitive damages are meant to punish the employer so that the employer and others do not engage in discrimination in the future.
If you have experienced employment discrimination, it is important to take the next steps in your case. Having an attorney is crucial to understanding the laws and protecting your rights. Contact Cook Craig & Francuzenko today to speak to an experienced employment discrimination lawyer.
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