There are several federal laws that are in place to prevent discrimination between the employees working in an organization. If any employees had to endure any discriminating behavior towards them from their workplace associates, then they can approach the authorities claiming for damages. Although not a punitive damages example, as these damages can be attributed to the mental anguish the employees had to suffer, these can be classified as compensation for losses.
Employees who had to suffer such discriminations at a workplace can approach the U.S. Equal Employment Opportunity Commission and file a claim citing their losses. Current employees, former employees or even applicants for a particular job can approach the EEOC if they have sufficient grounds for grievance.
Steps to follow in order to determine the damages in an EEOC claim
- The paperwork submitted by the claimant, called as the charging document, needs to be reviewed in the presence of an EEOC official or a lawyer who is working on behalf of the claimant. These documents include official notice of charges of discrimination EEOC issues, documentation related to termination, loss of employment, or failure to receive a promotion, medical information and personnel file and payroll records.
- The next step is studying the definitions given by the EEOC for compensatory damages. Study the various situations that can be compared with that of the current claimant and check the damages that have been awarded in such cases. Calculate the losses incurred by the claimant due to the actions of the employer, and reach a decision regarding the damages.
- While calculating the damages that are due to the employee, make sure that you account for the losses incurred by the employee. These losses will include any lost wages, salary increases, benefits etc. These damages can be estimated by the claimant or the employer.
- It needs to be noted that, other factors will also have a bearing on the final sum that will be calculated as the damages. These factors include compensations for the physical and emotional stress suffered by the employee, job-hunting expenses etc.
- Discuss the matter of punitive damages with the employee or the lawyer representing him or her.
There are different cases where such EEOC claims end up as punitive damages examples. Having a competitive attorney in charge of the situation will help in obtaining the best settlement possible.