What Can I Get If I Win?

 

What remedies am I entitled to if my OCRC claim is successful?

 

If you file a charge with the OCRC and, after a hearing, the Commission determines that you have been discriminated against, they may order your employer to stop the discriminatory practice; reinstate you to your job; award back pay (pay you would have received had you been employed); and/or require your employer to report to the Commissioner of the OCRC about compliance with an order to stop discriminating.



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

 

Yes. You can petition for judicial review of the decision of the OCRC in the Court of Common Pleas. If you choose to do this, you should seek assistance from an attorney to help you in court.



What remedies am I entitled to if I am successful in court?

 

If you are successful in court, you may be entitled to damages, injunctive relief, or any other appropriate remedy under Ohio law.



Am I entitled to monetary damages if I am successful in court?

 

Yes. Under Ohio law you can receive monetary damages if you are discriminated against by your employer. You are entitled to compensatory damages and may be entitled to punitive damages.



What is the difference between compensatory and punitive damages?

 

Compensatory damages are equal to the monetary losses you suffered as a result of being discriminated against. Punitive damages, on the other hand, are damages above and beyond the actual loss you suffered that serve to penalize your employer for wrongful behavior and act as example to others that similar conduct will not go unpunished. You may be entitled to punitive damages only if you can show that your employer acted with malice. Malice is hatred, ill-will, or a vengeful or purposeful disregard of the rights of other people.



What is injunctive relief?

 

Injunctive relief is a court order that commands or prevents a specific action by your employer. Such relief includes remedies such as reinstatement to employment.



What are some examples of 'other appropriate relief'?

 

Other appropriate relief includes remedies such as back pay (pay you would have received had you been employed), reimbursement for lost fringe benefits with interest, front pay (pay you would have received in the future if reinstatement is not practical or reasonable under the circumstance), and reasonable attorney's fees and court costs.



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

 

Yes. Your complaint will initially be tried by the Court of Common Pleas of the county in which you filed. If you are not satisfied with the decision, you may file an appeal with the Ohio Court of Appeals. If the Court of Appeals reviews and upholds the unfavorable decision, you may then file an appeal with the Ohio Supreme Court.

 

 


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