Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.
Title Vii Rights With Amended In Massachusetts
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Multi-State
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US-000296
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FAQ
151B, §9, a court may also award punitive damages – the purpose of which is to punish the employer and deter discriminatory practices in the future. A caveat exists with age discrimination claims under Massachusetts law.
Please call the Fair Labor Division Hotline at 617-727-3465 if you need a wage complaint form in an accessible format other than filing online.
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.
Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.
Statute of limitations is 3 years for civil rights actions.
Interestingly, Massachusetts law sets a minimum punitive damage award of $5,000 but no maximum. This leaves juries to determine the appropriate amount for punitive damages in a given case.
A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC's Field Office List and Jurisdiction Map and selecting the office closest to you.
The Civil Rights Act of 1991 amends several sections of Title VII to strengthen and improve Federal civil rights laws and provide for the recovery of compensatory damages in Federal sector cases of intentional employment discrimination.
Title VII is the primary federal law that prohibits employment discrimination based on: Race. Religion. National origin.
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.