Claim for Punitive Damages in Discrimination Cases

Punitive damages are awarded to set an example to potential wrongdoers not to do an act similar to the suit at hand. It is given not to compensate the plaintiff although the latter will receive some or the entire award.

In some instance, punitive damages are awarded where compensatory damages are inadequate remedy. In most employment discrimination suits, punitive damages account for the majority of the damages awarded. Consequently, the threat of such damages nullifies workplace discrimination suits.

Award of Punitive Damages

Pursuant to federal statute, punitive damages may be recovered if a discriminatory act is intentionally and maliciously done or recklessly indifferent to the federally protected rights of the plaintiff.

Specifically, the Supreme Court in the case of Kolstad v. American Dental Association has clarified a discriminatory conduct. The court has made it clear that an act to be discriminatory may not be “egregarious” to allow an award of punitive damages.

Further, the court has stressed that it is not the seriousness of the actor’s conduct but rather the intent that determines the award of punitive damages. Simply stated, in recovering punitive damages, “it is enough that the employer discriminates in the face of a perceived risk that its action will violate the federal law.”

Employer’s Pre-emptive Action against Claims of Punitive Damages

While the award of punitive damages is feasible in discrimination suits, the employer’s good faith in implementing an anti-discrimination policy may protect the former from paying such damages.

Company policies against discrimination will also reduce potential discriminatory conduct in the workplace. This operates to decrease over-all threat of employment discrimination suits.

Not only should the employer implement a well designed policy against discrimination but such policies and procedures must also be effectively communicated to the employees.

Effective communication includes the following:

• Proper notice
• Education
• Awareness Training

Moreover, the employer must also establish internal procedures to reinforce the policy. This includes implementing a monitoring system to ensure compliance with the policy.

In addition, the employer must maintain a thorough documentation to prove good faith. Essentially, an employer must preserve evaluations, acknowledgment forms, documents and notes related to investigations, records of complaints and all other document regarding the implementation of the policy and procedures.

If you feel like you are entitled to punitive damages, you may consult with an experience employment lawyer to help you file an action. Any labor law violation may warrant the award of punitive damages.