What Can I Get If I Win?

 

What am I entitled to if I prove my claim under Georgia State Tort Law?

 

Under tort law in Georgia, you may be entitled to equitable relief and/or monetary damages.

 

 

What is equitable relief?

 

Equitable relief is any non-monetary remedy ordered by the court when money is deemed insufficient to address the harm done to you. It can be any remedy that the court chooses to grant, based on what it deems fair and within its powers to enforce.

 

 

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 is the difference between compensatory and punitive damages?

 

Compensatory damages are damages sufficient in amount to cover the injured person for the loss suffered. Punitive damages are damages awarded in addition to actual damages in order to punish the defendant for the wrongdoing.

 

 

What am I entitled to if I prove my claim under federal claim Title VII?

 

The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include: back pay (money your employer owes you from not paying you what it should have), hiring, promotion, reinstatement, front pay (pay you would have received in the future if reinstatement is not practical or reasonable under the circumstance), reasonable accommodation, or other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination). Remedies also may include payment of: attorneys' fees, expert witness fees, and court costs.

 

 

Am I entitled to monetary damages if I win under federal claim Title VII?

 

Damages in discrimination cases take two forms: compensatory damages and injunctive relief. Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for present or future monetary losses and for mental anguish and inconvenience.

 

 

Am I entitled to back pay under federal claim Title VII?

 

Under Title VII, you are entitled to back pay (payable by your employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate.

 

 

Am I entitled to my old job back?

 

Under Title VII, reinstatement is another form of equitable relief that the courts can order, although they are not required to.

 

 

Am I entitled to attorney's fees?

 

Yes, Title VII does provide for reasonable attorney's fees to be awarded if you win the case.

 

 

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.

 

 

Legal Glossary

 

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