What Happens When I Win

 

Depending on the type of claim and the severity of the claim, there are numerous types of relief available. Relief may include: back pay (money your employer owes you from not paying you what it should have), interest on back pay, future losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, or other equitable relief as the court sees fit. Remedies also may include payment of attorneys' fees, expert witness fees, and court costs.

 

Am I entitled to monetary damages if I win?

 

Generally, yes. Aside from injunctive relief, damages can come in the form of compensatory damages and punitive damages. The amount of damages and availability of punitive damages depend on the type and severity of discrimination.

 

Compensatory damages can be awarded for actual monetary loss, future monetary loss, and for mental anguish sustained because of discrimination.

 

Punitive damages, while having nothing to do with the monetary loss sustained by the plaintiff, serve to punish the employer for the discriminatory practices. Punitive damages are awarded when an employer has acted with actual malice.

 

What is the difference between compensatory and punitive damages?

 

Compensatory damages allow plaintiffs to recover monetary amounts they actually lost, while punitive damages awarded in addition to actual damages in order to punish the defendant for the wrongdoing.

 

What is injunctive relief?

 

Injunctive relief is a form of equitable relief, where the court orders an injunction. An injunction is a court order that restrains your employer from continuing their discriminatory behavior.

 

What if I am employed by the Maryland government?

 

Punitive damages will not be awarded against government entities or political subdivisions, but you are entitled to all other forms of relief.

 

Is there a limit to the amount of compensatory damages I can receive?

 

Under Maryland law, compensatory damages other than for back pay, may not exceed:
$50,000 if the employer employs not fewer than 15 and not more than 100 employees
$100,000, if the respondent employs not fewer than 101 and not more than 200 employees
$200,000, if the respondent employs not fewer than 201 and not more than 500 employees
$300,000, if the respondent employs not fewer than 501 employees

 

Am I entitled to back pay?

 

Yes, back pay is one of many types of relief available in sex discrimination cases. You are also entitled to interest on back pay.

 

Am I entitled to get my old job back?

 

Under the Maryland Fair Employment Practices Act, reinstatement is one of the available remedies.

 

Am I entitled to attorney's fees?

 

Attorney's fees can be awarded to the winner of a sex discrimination suit.

 

If I am not satisfied with the result, can I appeal?

 

Yes. If you are unhappy with the results of a trial or mediation you can challenge it just like any other charge. As with any appeal, however, the result may be unchanged by the appeal.

 

What am I entitled to if I sue in federal court?

 

While the federal court remedies are similar to the state court remedies, see Federal Law for more information.

 

 

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Legal Glossary