When it comes to matters involving discrimination based on gender, race, age, or national origin, it is almost always better for people to get an attorney involved than to try handling these matters on their own. Speaking from his office at The Sanders Firm, P.C. in NYC, civil rights lawyer Eric Sanders says that most cases involving workplace discrimination end up in state or federal court.
The way that state and federal courts work in 2011 is not very different from how the courts operated in medieval times. Back then, kings ruled courts of equity. In other words, a king who was making a judgment on an issue would bestow upon a plaintiff a physical asset like a cow or a farm if the plaintiff were to prove his case. Courts in the U.S. today operate very similarly, says Sanders, with the only difference being that today’s courts have been codified into a more complex system.
When a person goes to court with a civil rights lawyer in NYC over a Title VII discrimination issue, Sanders says he or she can ask for two things: damages, or an equitable outcome. From a legal perspective, the term damages is another word used to describe money. When a person sues for damages, he is really asking to be compensated for his loss with a financial award, says Sanders.
A person who is suing for Title VII discrimination in the workplace can also ask for an equitable outcome. Sanders points out that a jury cannot give someone an equitable outcome – all a jury can do is award a plaintiff damages, or money. A judge, on the other hand, can award an equitable outcome in the case.
In today’s courts, a judge can tell a defendant – which would be the plaintiff’s former company or employer – that the plaintiff has to be reinstated at work, and given retroactive pay for all the days that he or she was forced to miss. Sanders says that would be a clear cut example of an equitable remedy in a Title VII case.
Sanders is also careful to point out that there is another option, which happens to be very common. A person involved in a discrimination case could settle, which would allow him or her to receive damages, or be reinstated at work without having to wait for a jury to decide.
When a person goes to court with a civil rights lawyer in NYC, the potential legal remedies are monetary damages, an equitable outcome, both monetary damages and an equitable outcome, or a financial settlement that is reached before a judge has had time to make a decision.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.