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Two types of remedies are available in EEO complaints against federal agencies: equitable relief and compensatory damages. Equitable relief, also called “make whole” relief, is designed to restore the complainant to the employment situation s/he would have been in if the discrimination had not happened.
Simply put, the burden of proof lies with the complainant, who must demonstrate evidence supporting their discrimination claim. This involves presenting facts and sometimes witness testimonies to make a compelling case that the discrimination occurred.
Employees seeking justice in an employment claim bear the burden of proving their case by a preponderance of the evidence, which means they must present sufficient evidence to convince the trier of fact that it is more likely than not that their employer violated the law.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.
What is the Average Settlement for a Discrimination or Retaliation Claim? Based on data from the Equal Employment Opportunity Commission (EEOC), the typical settlement amount for employment discrimination claims stands around $40,000.
Presentation of Evidence The burden of proof is on you to show the agency is liable for discriminating against you and that you are entitled to certain relief. You will proceed first with presentation of evidence. Evidence may take the form of documents, live witness testimony, photographs, objects, etc.
The following would be considered illegal discrimination if there is evidence that the decision was made based on a protected characteristic: Sexual Harassment. Refusal to Provide Services. Unfair Lending Practices. Misrepresenting the Availability of Housing. Refusal to Allow “Reasonable Modifications” Refusing Rental.
Age. Age discrimination involves treating someone (an applicant or employee) less favorably because of age. Disability. Genetic Information. Unlawful Workplace Harassment (Harassment) ... National Origin. Pregnancy. Race/Color. Religion.
Ten types of discrimination Age discrimination. Disability. Gender/sexual orientation. Gender identity/gender expression. Genetic information. Military status/military obligations. National origin. Religion.