What Can I Get If I Win?

 

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

If you prove your claim of sex discrimination you may be entitled to money for your emotional distress, economic losses, and reasonable attorney fees. You may also be entitled to equitable and injunctive relief.


What is equitable relief?

Equitable relief is any non-monetary remedy granted based on fairness and the ruling body's (court or local enforcement agency) powers of enforcement. For example, the court may require your employer to create a fair sex discrimination policy.


What is injunctive relief?

Injunctive relief is when a court issues an order directing a party to take (or refrain from taking) a particular action. For example, the court can order your employer to stop its discriminatory practices.


Am I entitled to monetary damages if I win?

Yes, you may be entitled to monetary damages in the form of compensatory and/or punitive damages. Monetary damages are usually awarded in a way that fits with the special and individual effects of the discrimination you faced. The court can also award you "punitive" monetary damages to deter your employer from engaging in future discrimination.


What is the difference between compensatory and punitive damages?

Punitive damages serve as a punishment for an employer and attempt to deter future discrimination, whereas compensatory damages serve to compensate an employee for an actual financial loss that may have occurred as a result of sex discrimination. Under the New Jersey Law Against Discrimination (LAD), however, you will only be eligible for punitive damages if you can show that upper management has participated in or shown willful indifference to your discriminatory experience.


Am I entitled to back pay?

Yes, you may be entitled to back pay if you have been denied employment or terminated for discriminatory reasons. If you quit you will be awarded back pay only if you can show that your employer's conduct resulted in a "constructive discharge". To show that your employer's actions resulted in a constructive discharge you must show that your employer is responsible for making the working conditions so intolerable that a reasonable employee would have been forced to resign.


Am I entitled to "pecuniary losses?

Yes, you may be entitled to pecuniary losses if your employer's discriminatory action has resulted in a loss of wages. An example of pecuniary losses is income that you would have contributed to your household had it not been for the discrimination.


Am I entitled to my old job back?

Yes, you may be entitled to your old position depending on the circumstances of your case. You are most likely to be reinstated if you are qualified for the position and the position still exists.


Am I entitled to attorney's fees?

Yes, you may be entitled to attorney's fees if you win your lawsuit and you have received other forms of monetary damages. Under the LAD you may receive attorney's fees and assess penalties of up to $10,000 for a first offense, $25,000 for a second offense, and $50,000 for a third offense.


Will this be the final result?

This will be the final result unless you or your employer challenges the award. You and your employer have the right to seek at least one appeal. If you do not wish to appeal and are satisfied with your award you still must wait to see if your employer will appeal.


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

Yes. If you have filed a claim with the State Division on Human Rights you may appeal to the courts. If you have filed a claim in Superior court you may then appeal to the state appeals court.


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