In Federal Sector Employment Discrimination Cases
By: Gilbert & Sumner
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Compensatory Damages is an authoritative and in-depth examination on the subject of damages available before the Equal Employment Opportunity Commission, Merit Systems Protection Board and federal courts as they relate to discrimination cases. The authors review significant developments and case law affecting damages awards and analyze recent trends. The new 14th Edition includes case summaries through mid-2022.
Major topics include:
- Title VII Equitable Damages—injunctive relief, back pay, front pay, fringe benefits, reinstatement, and bumping
- The Civil Rights Act of 1991 and Compensatory Damages—the circumstances under which compensatory damages are available and how to raise such a claim, pecuniary and nonpecuniary damages, and interest
- Proving Damages—nature, severity and duration of the harm; causation; proof requirements; and expert witnesses
- Mitigation and Offset—limiting back pay and damages awards, collateral source rule, the eggshell plaintiff, and tax consequences
- Consideration in Approaching Settlement—enforceable and unenforceable provisions, lump sum payments, settlement requirements, Older Workers Benefit Protection Act, and attorney fees
- Remedies Under Other Statutes—the Equal Pay Act, ADA and Rehabilitation Act, Family Medical Leave Act, ADEA, and Whistleblower Protection Act
- Managing Discovery About Damages—employer and employee discovery considerations, bifurcated discovery, protective orders, and medical examinations.
- Calculating an Award of Damages—how to determine the appropriate amount and appellate review of damage awards
- Attorney Fees and Costs—the circumstances under which attorney fees are recoverable and how to compute attorney fees and costs and interest on fees
- A Summary of Selected Commission Damage Awards—including a break down of awards up to $10,000, $10,001 to $25,000, $25,001 to $50,000, $50,001 to $100,000 and awards in excess of $100,000
- A Historical Chart of Significant EEOC Nonpecuniary Damages Awards
- Updated to include the latest from the Commission and district courts
- Includes an updated chart and summaries of compensatory damages
Available as a softcover book and/or a PDF file with many useful features delivered on a CD/ROM, USB Flash Drive, or download. Hyperlinks allow the reader to move quickly between the Table of Contents and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text.