Remedies: Back Pay in Employment Discrimination Cases | Practical Law

Remedies: Back Pay in Employment Discrimination Cases | Practical Law

This Practice Note addresses back pay damages in employment discrimination cases under Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), including the statutory bases for the awards, damage calculations, discovery and evidence relevant to back pay, and permissible deductions from back pay calculations. This Note also addresses employer defenses that can eliminate or reduce back pay awards, including an employee's failure to mitigate damages, after-acquired evidence of misconduct, and an unconditional offer of reinstatement. This Note addresses federal law. For information about damages available under state anti-discrimination laws, see Anti-Discrimination Laws: State Q&A Tool and State Anti-Discrimination Toolkit.

Remedies: Back Pay in Employment Discrimination Cases

Practical Law Practice Note w-000-7157 (Approx. 28 pages)

Remedies: Back Pay in Employment Discrimination Cases

by Practical Law Labor & Employment
MaintainedUSA (National/Federal)
This Practice Note addresses back pay damages in employment discrimination cases under Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), including the statutory bases for the awards, damage calculations, discovery and evidence relevant to back pay, and permissible deductions from back pay calculations. This Note also addresses employer defenses that can eliminate or reduce back pay awards, including an employee's failure to mitigate damages, after-acquired evidence of misconduct, and an unconditional offer of reinstatement. This Note addresses federal law. For information about damages available under state anti-discrimination laws, see Anti-Discrimination Laws: State Q&A Tool and State Anti-Discrimination Toolkit.