What Can I Get If I Win?

 

a. What am I entitled to if I prove my claim of sexual harassment or discrimination?

 

A successful claim may entitle you to unlimited compensatory damages, which includes any actual loss or mental or psychological injury you suffered as a result of your employer’s sex discrimination.



What is equitable relief?

 

Equitable relief is any non-monetary 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 court order in your favor, directing your employer to take (or refrain from) a particular action. For example, the court can order your employer to change its discriminatory practices.



Am I entitled to monetary damages if I win?

 

Absolutely. Under New York State law, a winning employee is entitled to compensatory damages, which can include front pay and back pay. No punitive damages are allowed under New York law , but there is no limit to the amount of compensatory damages that may be awarded.



What is the difference between compensatory and punitive damages?

 

Punitive damages serve as a punishment for the 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. Unfortunately, under the New York State Human Rights Law, punitive damages are not awarded for claims of sex discrimination.



Am I entitled to back pay?

 

New York courts have held that a successful claim of sexual harassment or sex discrimination by an employee entitles that employee to back pay when the award is "warranted and not excessive."



Am I entitled to "pecuniary losses"?

 

Under New York Human Rights Law you are allowed to receive compensatory damages but no punitive damages. There is no monetary cap on compensatory damages, and these damages may include recovery for front pay, back pay, and mental anguish.



Am I entitled to my old job back?

 

If the Division finds in your favor on your claim of sex discrimination or harassment, you may be entitled to reinstatement and back pay if this is deemed an appropriate measure.



Am I entitled to attorney’s fees?

 

The New York State Human Rights Law does not permit recovery of attorney’s fees for claims of sexual harassment or sex discrimination. However, the New York City Human Rights Law does permit recovery for attorney’s fees, as well as punitive damages. See Local Ordinances.



Will this be the final result?

 

Either party that loses at decision at trial or hearing level may appeal a decision of the New York State Division of Human Rights (www.nysdhr.com) to the State Supreme Court within 60 days of the Division’s ruling.

 



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