What Can I Get If I Win?

 

What am I entitled to if I prove my claim of sex discrimination under the FEHA?

 

You may be entitled to monetary damages, which includes back pay, front pay, actual damages including damages for emotional distress, punitive damages, attorney’s fees, and out-of-pocket expenses. You may also be entitled to hiring, promotion, reinstatement, policy changes, training, reasonable accommodation, and affirmative relief.

 

What are the differences in remedies offered by an administrative hearing as opposed to a civil court hearing?

 

For claims brought under the FEHA, the remedies that may be provided by administrative hearings and civil court hearings are the same with one exception. For remedies provided by administrative hearings, the administrative fines, which are analogous to punitive damages, combined with emotional distress damages cannot exceed $150,000. However, for remedies provided by civil court hearings, there are no limits on punitive damages and emotional distress damages.

 

What is the difference between actual and punitive damages?

 

Actual damages award you with the compensation that you deserve for any financial or emotional losses you may have experienced because of sex discrimination. Punitive damages are designed to punish the employer by requiring a payment in addition to actual damages. You can get punitive damages if an employer is guilty of malice, oppression, or fraud.

 

Will this be the final result?

 

Unless either party appeals the decision, the results are final.

 


Legal Glossary

 


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