21.100 Damages and Other Relief
21.300 Equitable and injunctive relief
21.400 Punitive and liquidated damages
21.500 Affirmative Action
21.100 Damages and Other Relief
21.111.10 Excessiveness is determined based on size
of award after statutory cap is applied
21.112 Lost-chance theory (or multiple plaintiffs claiming
denial of same position)
21.113 Standard of review of district court's remedy
21.115 Back pay and front pay not available in harassment
claims
21.122 Types of damages excluded from cap
21.123.10 Standard of review on questions involving
application of the statutory cap
21.123.20 Constitutionality of statutory cap
21.123.30 Whether cap applies per lawsuit or per
claim
21.123.40 Whether the cap is an affirmative defense
21.123.50 Whether number of employees in "current
or preceding calendar year" refers to the
year of the discriminatory act or the year of
the judgment
21.123.60 Where EEOC is the only named
plaintiff, but
is suing
on behalf of several individuals,
can the EEOC
recover up to the statutory
cap for each individual?
21.124 [Reserved]
21.125 [Reserved]
21.126 Application of statutory cap to labor organizations
21.127 Allocating damages between
compensatory and
punitive to maximize recovery
21.128
Allocating damages between federal and state
claims
to
maximize recovery
21.129 Amendment of pleadings
post-verdict to maximize
recovery
21.130 Whether certain damages are duplicative
21.131 Punitive damages and liquidated damages
21.132 Damages under federal law and state law
21.133 Front pay and lost future earnings
21.150 Statutory authority for damages and other relief
21.151.10 Compensatory damages not available
21.151.20 Equitable relief available
21.151.30 Liquidated damages available
21.157.10 Section 501 incorporates Title VII remedies
21.157.20 Section 504 incorporates Title VI remedies
21.160 Whether liquidated damages are compensatory or punitive
21.170 Nominal damages
21.180 [Reserved]
21.190 Issues unique to particular statutes
21.191 ADEA - overview
21.192 ADA - overview
21.193 Equal Pay Act - overview
21.194 42 U.S.C. § 1981 - overview
21.195 42 U.S.C. § 1983 - overview
21.196 FMLA - overview
21.197 Rehabilitation Act - overview
21.198 Title VII - overview
21.198.10 Title VII plaintiff entitled to "full relief"
21.198.20 Damages not available if
plaintiff can
recover under
42 U.S.C. § 1981
21.211 Availability of compensatory damages
21.211.21 ADA disparate impact actions
21.211.30 Equal Pay Act
21.211.81 Title VII disparate impact
actions
21.211.90 Availability against United States
21.212 Type of harm covered by compensatory damages
21.222 Standard of appellate review
21.223 Amount of emotional distress damages
21.223.10 Actionable wrong
caused only part of the
distress
21.224 No requirement of expert testimony
21.225 Damages for future emotional distress
21.225.10 Whether future emotional
distress
damages can be
awarded where the
plaintiff has been
reinstated
21.230 [Reserved]
21.240 Tax enhancement damages
21.250 Unrealized stock appreciation
21.260 [Reserved]
21.270 [Reserved]
21.280 [Reserved]
21.290 Other compensatory damages
21.300 Equitable and injunctive relief
21.312.20 Front pay and/or reinstatement
21.312.40 What if
parties agree to jury
determination?
21.312.50 Judge constrained by jury's findings
21.313 Back pay vs. front pay overview
21.314 Duty to mitigate damages
21.314.11 Findings of fact reviewed for
clear
error
21.314.20 Standard for determining failure
to mitigate
damages
21.314.21 Duty to mitigate applies to front
pay as
well as back pay
21.314.22 Failure to find work does not
establish
failure to mitigate
21.314.30 Definition of substantially equivalent work
21.314.31 When is employer relieved of
burden of
proving substantially
equivalent work?
21.314.40 Tolling back pay period if
employee leaves
subsequent job
21.314.50 Calculation of back pay
where a tolling
period is
involved
21.314.60 Inability to work caused by
defendant/employer
21.314.70 Inability to work not caused by
defendant/employer
21.314.80 Enrollment in school after
unsuccessful job
search is
not a failure to mitigate
21.314.90 Failure to mitigate does not
affect right to
reinstatement
21.321.21 Presumption of entitlement to
back pay
21.321.30 Time period for which back pay is available
21.321.40 Circumstances under which back
pay may
not be
available
21.321.50 "Same action" defense can
avoid liability
for back
pay
21.321.60 "Excess earnings" do not
count against
back pay award
21.321.70 Hostile work environment
plaintiff must
show constructive
discharge in order to be
entitled to
back pay
21.322 Inclusion of fringe benefits
21.322.10 Whether recovery of lost
medical
premiums requires
proof that medical
expenses were incurred?
21.323 Significance of liquidated damages award
21.324 Lost overtime as back pay
21.331.20 Definition or purpose of front pay
21.332 Instatement or
reinstatement is preferred over front
pay
21.332.10
Standard for determining that front pay
should
be
awarded in lieu of instatement or
reinstatement
21.333 Reinstatement and front pay combined
21.334 Consideration of plaintiff's misconduct
21.335 Calculation of amount of front pay
21.335.10 Other
damages offsetting need for front
pay
21.335.20 Amount of front pay is always speculative
21.335.30 Consideration of employee's work history
21.335.40
Consideration of employer's post-verdict
conduct
21.335.50 Consideration of
employee's efforts to
mitigate
damages
21.336 Inclusion of fringe benefits
21.337 Significance of fact that plaintiff is an employee at will
21.338 Significance of liquidated damages award
21.340 Instatement or reinstatement
21.341 Standard of review
21.342 General factors to consider
21.343 What if position no longer exists?
21.350 Promotion
21.361 Standard for preliminary injunctive relief
21.362 Standard
for preliminary injunctive relief where the
EEOC
is the
movant
21.363 Standard for irreparable harm
21.372 Relief against states under ADEA
21.380 Other equitable relief
21.400 Punitive and liquidated damages
21.410 Statutes allowing punitive or liquidated damages
21.413 Equal Pay Act
21.415 42 U.S.C. § 1983
21.417 Rehabilitation Act
21.417.10 Section 501 of Rehabilitation Act
21.417.20 Section 504 of Rehabilitation Act
21.419 [Reserved]
21.422 Availability against local government
21.422.10 ADEA
21.422.30 Equal Pay Act
21.422.40 42 U.S.C. § 1981
21.422.70 Rehabilitation Act
21.423 Availability against federal government
21.423.10 Availability against U.S. Postal Service
21.424 Requirement of award of
compensatory or nominal
damages
21.427 Punitive damages
should only be awarded to plaintiff
who directly
suffered the conduct supporting the
award
21.430 Title VII and ADA standard for awarding punitive damages
21.431 Title VII and ADA statute
21.433 Conduct warranting punitive damages
21.433.10 "Malice or reckless indifference" defined
21.433.20 Intentional
discrimination may not support
punitive
damage award in some
circumstances
21.434 Kolstad's four bases for employer liability
21.435 Agent in managerial capacity acting
within scope of
employment
21.435.10 "Managerial capacity" defined
21.435.20 "Scope of employment" defined
21.435.30 Employer liability for harassment
21.435.40 Defense of good-faith efforts by employer
21.435.41 Good-faith efforts by employer
-
burden of
proof on this issue
21.435.42 May
employer introduce
evidence of
remedial measures
taken
after plaintiff has
filed an
EEOC charge or
a lawsuit?
21.435.43 Advice of counsel defense
21.436 Kolstad's other three bases
21.436.10 Employer authorized
the doing and the
manner of the
act
21.436.20 Agent was unfit and employer
was reckless
in
employing him
21.436.30 Employer or managerial agent
ratified or
approved the act
21.437 Cases addressing Title VII and ADA standard
21.438.10 Employee's failure to
follow employer's
complaint
procedures does not bar
recovery of punitive damages
21.438.20 Supervisor's knowledge of
harassment not
imputed to
company where supervisor is
harasser
21.440 42 U.S.C. § 1983 standard for awarding punitive damages
21.451 Whether award violates due process?
21.451.20 How does
statutory cap affect analysis of
ratio of
punitive to compensatory
damages?
21.451.30 Title VII's
cap as factor to consider on issue
of
excessiveness of punitive damages
award under 42
U.S.C. § 1981
21.452 Whether award violates common law
standard of
excessiveness
21.452.20 Consideration of whether payment
will
come from
pocket of the individual
21.460 Liquidated damages under the ADEA
21.462.10 Explanation of "willfulness"
21.462.20 Issue of willfulness is jury question
21.462.30 Finding of willfulness
mandates an award of
liquidated damages
21.463 Damages subject to mandatory doubling
21.464 Availability against local government
21.465 Availability against federal government
21.470 Liquidated damages under the Equal Pay Act
21.472 Standard for recovery
21.472.10 Explanation of "willfulness"
21.500 Affirmative action
21.611 Discretion of trial court
21.611.20 Calculation of interest
21.612 Past injuries (backpay and emotional distress)
21.613 Future injuries (front pay and emotional distress)
21.614 No sovereign immunity from prejudgment interest
21.615 Particular anti-discrimination laws
21.615.10 ADEA
21.615.11 Interest on liquidated damages
21.621 Interest on attorney's fees
21.820 District court's unilateral extension of consent decree
21.830 Termination of consent decree
21.910 Duty to mitigate damages
21.922 Social Security benefits
21.924 Workers' compensation benefits
21.931 Discount to present value
21.932 After-acquired evidence
21.940 Additur
21.950 Remittitur and/or excessive damages analysis
21.952 Should statutory cap be a factor
in the analysis so
that only the
most egregious cases are awarded the
maximum under the cap?
21.953 Comparison to awards in other cases
21.970 [Reserved]
21.980 No remedy available
21.990 Collection of judgment