Is front pay an equitable remedy?

Front pay is an equitable remedy, an element of the "make whole" relief available to victims of employment discrimination.

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11.13 Age Discrimination-Damages-Back Pay-Mitigation

11.13 Age Discrimination-Damages-Back Pay-Mitigation

Name: 11.13 Age Discrimination-Damages-Back Pay-Mitigation
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Federal - Jury Instructions - 9th Circuit - Civil

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Multi-State

Control #:

US-JURY-9THCIR-11-13

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
11.13 Age Discrimination-Damages-Back Pay-Mitigation refers to the remedies available to an individual who has been discriminated against on the basis of age. These remedies include compensatory damages, back pay, and mitigation. Compensatory damages are monetary awards given to a victim of age discrimination to cover losses such as emotional distress, out-of-pocket expenses, or lost wages. Back pay is an award of wages and benefits that would have been paid to an individual had they not been discriminated against. Mitigation requires the employer to take steps to reduce the damage from the discrimination, such as reinstatement or offering a promotion to the individual.

11.13 Age Discrimination-Damages-Back Pay-Mitigation refers to the remedies available to an individual who has been discriminated against on the basis of age. These remedies include compensatory damages, back pay, and mitigation. Compensatory damages are monetary awards given to a victim of age discrimination to cover losses such as emotional distress, out-of-pocket expenses, or lost wages. Back pay is an award of wages and benefits that would have been paid to an individual had they not been discriminated against. Mitigation requires the employer to take steps to reduce the damage from the discrimination, such as reinstatement or offering a promotion to the individual.

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FAQ

Back pay is typically calculated as the difference between the earnings that the plaintiff could have been expected to earn at the employer/defendant and the actual and/or expected earnings from replacement employment.

Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).

Front pay is an equitable remedy, an element of the "make whole" relief available to victims of employment discrimination.

The remedies available under the ADEA for age discrimination may include injunctions, reinstatement, lost wages, and liquidated damages in the same amount as the lost wages.

Front pay is awarded to former employees whose employers can't rehire or reinstate them within the organization. Back pay is also awarded to former employees but this obligation can be voided if the employee accepts an offer to be reinstated to the same or similar position that accounts for the wages that they're due.

Back pay is payment for work done in the past where payment was not made at the time work was performed. The employer must make up the difference between what the employees were paid, if they were paid, and what they should have been paid.

Hence, back pay and front pay are deemed to be forms of equitable relief regardless of the fact they are money payments. The Civil Rights Act of 1991 expanded the types of damages avail- able to include the legal remedy of compensatory damages, which is defined to include future pecuniary losses (Mead 2003).

More info

Unlike a Title VII plaintiff, an ADEA plaintiff has a right to jury trial on the issue of back pay, as well as any mitigation issues. The purpose of a back pay award is to restore to the complainant the income he would have otherwise earned but for the discrimination.Liquidated damages may be awarded to punish an especially malicious or reckless act of discrimination. Directive 310 provides internal guidance on calculating back pay as a part of make whole relief for victims of employment discrimination. West Virginia Code § 5-11-13(c) allows recovery of back pay,costs of litigation, attorneys' fees, witness fees, alleged emotional distress damages and, perhaps,.

11.13 Age Discrimination-Damages-Back Pay-Mitigation

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How to fill out 11.13 Age Discrimination-Damages-Back Pay-Mitigation?

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FAQ

How do you calculate back pay discrimination?

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Is front pay an equitable remedy?

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How is back pay calculated for employment discrimination?

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Is back pay equitable relief?

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