What Can I Get If I Win?

 

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

Providing the court finds in your favor, you may be entitled to what are known as injunctive and/or equitable 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 change its discriminatory practices. Equitable relief is any non-monetary remedy that the court chooses to grant based on what it deems fair and within its power to enforce. Examples include attorneys fees, front pay, back pay and damages for emotional distress.

 

You may also be entitled to monetary damages against your employer. You should be aware, however, that what the court grants you (if anything) varies from case to case.v

 

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 power to enforce.

 

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 change its discriminatory practices.

 

Am I entitled to monetary damages if I win?

Yes, you may be entitled to monetary, also known as compensatory damages if the court finds in you favor.

 

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. Punitive damages, however, are unavailable under the WLAD.

 

Am I entitled to back pay?

Back pay is a money award for lost earnings. If you have a successful discrimination claim under the WLAD, you may recover back pay as part of damages as long as those damages were directly caused by the employer's wrongful act.

 

Am I entitled to "pecuniary losses"?

Pecuniary losses are money damages that can be estimated and monetarily compensated. The WLAD permits recovery of front and back pay as actual damages. You may also be eligible to recover compensatory emotional distress damages under the WLAD.

 

Am I entitled to my old job back?

You may be eligible for reinstatement to your old job, depending on the circumstances of your case.

 

Am I entitled to attorney's fees?

You may be entitled to attorney's fees for each successful claim under the WLAD.

 

Will this be the final result?

Whether your damage award is the final result depends on whether you or your employer challenges the award. If you, after discussing the result with your attorney, believe the damage award is unsatisfactory for whatever reason, you will have a right to at least one appeal. Likewise, however, your employer may decide to challenge an award in your favor. Essentially, you will have to wait and see if your employer chooses to challenge the award.

 

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

You always have the right to appeal your case to a higher court if you, with your attorney's advice, determine that the court or jury made an error when it ruled in your case.

 

Legal Glossary

 

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