IS BACK pay considered compensatory damages?
In most Title VII cases in federal court, the judge, not the jury, will make this decision. The reason for this is that back pay is considered equitable relief, as opposed to legal relief (such as compensatory or punitive damages).
Is back pay equitable relief?
Hence, back pay and front pay are deemed to be forms of equitable relief regardless of the fact they are money payments. The Civil Rights Act of 1991 expanded the types of damages avail- able to include the legal remedy of compensatory damages, which is defined to include future pecuniary losses (Mead 2003).
What is the difference between front pay and back pay?
Front pay and back pay are different forms of compensation. Back pay would be compensation for any wages they would have earned if they were not fired. But for front pay, the employee cannot be offered reinstatement or a similar position with the same employer for particular reasons.
What does back pay mean in a discrimination lawsuit?
In an employment discrimination lawsuit under Title VII, the basic definition of back pay damages is that it gives you the money and fringe benefits you would have earned had your employer not discriminated against you. Put another way, the employer should be liable for the economic losses you suffered because of the discrimination.
What is the Order of reinstatement with back pay?
It is essentially the order of reinstatement that is made to operate retrospectively that is determinative of the amount of back-pay to which the employ becomes entitled and the date on which she becomes so entitled.
Can a former employee reject an unconditional offer of reinstatement?
The U.S. Supreme Court has held that a former employee’s rejection of an unconditional offer of reinstatement (i.e., one that does not require the plaintiff to waive or compromise his or her discrimination claim) to a substantially equivalent position tolls the accrual of the employer’s back pay liability:
When do back pay claims arise in employment?
Back pay claims also arise in other types of cases, including discriminatory termination cases (the amount of money you would have kept earning if not fired), as well as hiring discrimination (the amount you would have made if you had been hired).
When do you get back pay for discrimination?
Under Title VII, GINA, and the Rehabilitation Act, back pay is limited to two years prior to the date the discrimination complaint was filed.
What are back pay damages in employment discrimination lawsuit?
What are back pay damages? In an employment discrimination lawsuit under Title VII, the basic definition of back pay damages is that it gives you the money and fringe benefits you would have earned had your employer not discriminated against you.
Back pay claims also arise in other types of cases, including discriminatory termination cases (the amount of money you would have kept earning if not fired), as well as hiring discrimination (the amount you would have made if you had been hired).
When does an offer of employment as a remedy for discrimination?
When an individual accepts an offer of employment as a remedy for discrimination, s/he shall be deemed to have performed service for the agency during the period he would have served but for the discrimination for all purposes except for meeting service requirements for completion of a required probationary or trial period. III. BACK PAY A.