What Am I Entitled To If I Win?

 

What am I entitled to if I win?

 

Remedies include reinstatement, compensatory damages, and punitive damages. Compensatory damages include both back pay and front pay, and under Minnesota law, may be multiplied by the court up to three times the actual amount.

 

What is equitable relief?

 

Equitable relief basically refers to any remedies that are non-monetary. This type of relief could include reinstatement or include any actions that the employer must take such disciplinary action against a harasser or launching a sensitivity training program.

 

Am I entitled to monetary damages if I win?

 

Yes. Under compensatory damages, you may recover up to three times the amount of the actual damages you suffered. In addition, you may receive up to $8,500 in punitive damages.

 

What is the difference between compensatory and punitive damages?

 

While compensatory damages are sought to address the actual damages you have suffered, punitive damages are intended to punish the employer for showing a "willful indifference" to the rights of its employees.

 

Am I entitled to back pay?

 

Yes, "back pay" may be an appropriate remedy if you are seeking to recover lost wages due to an unjust personnel action such as a discharge, a forced leave or a wrongfully denied promotion. If you are seeking compensation for losses not yet incurred, rather than reinstatement, you may also be eligible for "front pay."

 

Am I entitled to my old job back?

 

If appropriate, you may be reinstated in your old job.

 

Am I entitled to attorney’s fees?

 

Yes. The Minnesota Human Rights Act provides that attorney’s fees may be awarded to the prevailing party in a discrimination claim.

 

 


Legal Glossary

 

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