What remedies are available under Title VII of the Civil Rights Act quizlet?

Asked by: Vince Okuneva  |  Last update: February 19, 2022
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What remedies are available under Title VII of the Civil Rights Act? Plaintiff cannot increase damages. You have to mitigate damages. You cant be at home and just wait for trial.

What remedies are available under Title VII of the Civil Rights Act?

Remedies available to an employee who is discriminated against in violation of the Title VII include back pay, compensatory damages, and punitive damages. Title VII sets caps on the amount of compensatory and punitive damages which vary by the size of the employer.

Which of the following would be covered under Title VII?

Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.

What types of damages can be awarded under Title VII?

Where you have suffered work place discrimination in violation of Title VII, you may be able to bring a lawsuit and recover damages. Damages differ based on the type of claim, but potential types of damages available include “equitable relief”, compensatory damages, and punitive damages.

What are three defenses available to the employer in employment discrimination cases?

Common Employer Defenses to Harassment & Discrimination Claims
  • Discrimination Defense: The Employer Had a Non-Discriminatory Motive. ...
  • Discrimination Defense: The Rule or Policy Advanced a Business Purpose. ...
  • Harassment Defense: The Employee Welcomed the Conduct. ...
  • Harassment Defense: The Employer Didn't Know.

Title VII of the Civil Rights Act

28 related questions found

What are the defenses of discrimination to a Title VII complaint?

For Title VII claims, the employer may defend by identifying failures in the plaintiff's prima facie case, and by proving that the challenged practice is job-related and justified by business necessity.

What are three general defenses an employer can raise if sued for violating Title VII of the Civil Rights Act?

What are three general defenses an employer can raise if sued for violating Title VII of the Civil Rights Act? An employer can defend a Title VII case by establishing that an alleged discrimination was based on (a) merit, (b) seniority, or (c) a bona fide occupational qualification.

What are the remedies for discrimination?

What are the remedies for discrimination?
  • Back Pay. An employee who is unlawfully discriminated against is entitled to receive back pay. ...
  • Reinstatement and Front Pay. A court can also order an employer to give a wronged employee his job back—this is called reinstatement. ...
  • Compensatory Damages. ...
  • Punitive Damages.

What remedies are available to the EEOC?

Remedies May Include Compensatory & Punitive Damages

Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person's race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religion, disability, or genetic information.

Which remedy for breach of contract is considered an equitable remedy?

Equitable relief is usually a remedy for a breach of contract or in cases of intellectual property theft. A common form of equitable relief is the canceling of a contract, which ends all terms and obligations, allowing both parties to return to their pre-contract status.

Who is protected under Title VII of the Civil Rights Act?

Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.

Who is not covered under Title VII?

Title VII of the Civil Rights Act does not cover federal employees or independent contractors. However, federal employees are protected against discrimination by other federal anti-discrimination laws.

Which class is excluded from protection under Title VII of the Civil Rights Act?

When Congress passed Title VII of the Civil Rights Act in 1964, it intended to create equal opportunity in employment for all citizens. Under the act, employers are prohibited from discriminating based on race, color, religion, sex, national origin, age, disability or pregnancy.

What does remedy requested mean?

n. the means to achieve justice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law.

What law remedies does the Civil Rights Act of 1964?

The landmark Civil Rights Act of 1964 banned discrimination on the basis of race, color, religion, sex, and national origin. It addressed voting rights, employment, public accommodations, education, and more.

What is the first procedural step to seeking a remedy under Title VII?

As a precondition to the filing of a Title VII action in court, the complaining party must first file a charge of discrimination with the EEOC.

What are potential remedies offered by Title VII and FEHA?

Available Remedies in an Employment Discrimination Claim
  • Atlanta Attorney Assisting Individuals and Entities with Legal issues in the Workplace. ...
  • Title VII of the Civil Rights Act of 1964. ...
  • Injunctive Relief. ...
  • Front Pay. ...
  • Back Pay. ...
  • Compensatory and Punitive Damages. ...
  • Limitation on Recovery. ...
  • Attorney's Fees.

What are the potential remedies for victims of employment discrimination under the Illinois Human Rights Act?

If the Complainant wins at this level, the judge can order remedies allowed by the Act to make the Complainant “whole.” Remedies may include back pay, lost benefits, clearing of personnel file, emotional damages, hiring, promotion, reinstatement, front pay where reinstatement is not possible, and attorney's fees and ...

Is reinstatement an equitable remedy?

While reinstatement is the preferred prospective equitable remedy, it is not the only possible equitable prospective remedy. “When extenuating circumstances warrant, a trial court may award a plaintiff front pay in lieu of reinstatement.” United States EEOC v.

Is compensation a remedy?

More commonly, an award of restitu- tion, damages or compensation acts both as a remedy for the loss caused by the particular behaviour, as well as specific and general deterrence of that kind of behaviour in the future.

What are protected characteristics?

Protected characteristics

These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

How many types of discrimination does the Equality Act 2010 describe?

How can you be discriminated against? There are four main types of discrimination.

What is adverse action under Title VII?

An adverse employment action is one that affects or alters “the conditions of the workplace” and typically involves “discrete changes in the terms of employment,” such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing significant change in benefits.

What is a protected activity under Title IX?

To make a Title IX retaliation claim, a plaintiff must first show that she engaged in “protected activity.” Protected activity refers to opposition or protests to statutorily prohibited conduct.

What are the elements of a Title VII claim?

“To prove a Title VII racial discrimination claim, the plaintiff must prove the following elements to make out a prima facie case: (1) she is a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4) the adverse action occurred under circumstances ...