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Who Has to Prove Discrimination Occurred? The burden of proof ultimately rests with the aggrieved person at all times; however, there is a three- step process utilized by the EEOC and the courts when deciding if discrimination occurred or not.
The types of relief will depend upon the discriminatory action and the effect it had on the victim. For example, if someone is not selected for a job or a promotion because of discrimination, the remedy may include placement in the job and/or back pay and benefits the person would have received.
Ing to the Equal Employment Opportunity Commission (EEOC), the average settlement for employment discrimination claims is about $40,000. However, depending on the facts and circumstances of the case, settlements or verdicts can climb to seven figures.
Attorney's Fees. to pay the appellant in the amount of [$___________ ] for attorney's fees and costs within thirty (30) calendar days of the date of this Agreement. Compensatory Damages. ... Backpay. ... Reinstatement/Promotion. ... Neutral Reference. ... Unemployment Compensation. ... Resignation with File Expungement. ... Outplacement Service.
You can get compensation for any money you've lost because of the discrimination. This could be the difference in salary if you didn't get a promotion. As a starting point, work out what your losses would be if it takes you a year to find a job which pays the same as the promotion.