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value

HOW TO FIGURE OUT "VALUE" OF YOUR EEOC CLAIM
STEP 1. CHOOSE WHAT YOU THINK YOUR CASE IS WORTH
Note: Federal Employees limited to $300,000.00 per discrimination
eeoc cases worth $10,000 eeoc cases worth $20,000 eeoc cases worth $30,000
eeoc cases worth $40,000 eeoc cases worth $50,000 eeoc cases worth $60,000
eeoc cases worth $70,000 eeoc cases worth $80,000 eeoc cases worth $90,000
eeoc cases worth $100,000 eeoc cases worth $200,000 eeoc cases worth $300,000
note: most eeoc cases are dismissed, and result in $0 award

discrimination

Initially, we point out that non-pecuniary compensatory damages are designed to remedy a harm and not to punish the agency for its discriminatory actions.

Valuing

STEP 2. HOW TO GET THE MOST $$$ VALUE IN YOUR CASE
1. SAVE YOUR RECIEPTS
2. OBTAIN YOUR OWN MEDICAL REPORTS
3. KEEP A DIARY OF PAIN/SUFFERING/SUICIDE ATTEMPTS
4. KEEP RECORDS OF:

PRESCRIPTIONS
OTC DRUGS/SUPPLIES/ASPIRIN
PSYCHOTHERAPY VISITS
DOCTOR VISITS
HOSPITAL VISITS
MASSAGE TREATMENTS
ACUPUNCTURE EXPENSES
CHIROPRACTIC EXPENSES
PHYSICAL THERAPY EXPENSES
SPIRITUAL ADVISER VISITS
RELIGIOUS ADVISER VISITS
TRAVEL TO/FROM PER MILE
POSTAGE/STAMPS
JOB HUNTING EXPENSES
MOVING EXPENSES
OTHER QUANTIFIABLE
OUT-OF-POCKET EXPENSES
note: If you win your eeoc case you have a limited time to produce evidence
Who are you, and why have you come to this higher education blog about your legal rights in a civil rights discrimination being heard by the EEOC commission?

Who are you? Why have you come to my educational blog about your legal rights in a civil rights discrimination being heard by the EEOC commission?

Are you a law student? Reporter, Lawyer, Complainant or Defendant, Administrative Judge, Paralegal, family member of someone involved in a discrimination? Are you a union member?

Just by knowing about a case that is similar to yours, and knowing how to cite that case, will quite literally be the difference from being taken advantage of for your lack of LEGAL knowledge and feeling satisfied that you did everything possible to be successful.

I am not a lawyer, and I don't give legal advice. I made this site for myself, to help me remember laws, rules and citations in pro se. I understand that its very useful.

Regardless of your interaction, just visiting my blog and learning something you did not know, is a benefit to you.

It's kind of my therapy against feeling hopeless and terribly depressed. Maybe due to my ill health or memory problems, I have placed my notes in a pro se format, so I don't forget where I placed them.

The notes are staggered and do not follow in any order or sequence (i.e. not numbered or alphabetical) So I suggest you use the "This site only search option", as it kind of puts things in order. I use it myself, to locate similar topics.

The navigation bar or deck that I created is by far the easiest way to get around the site, but it does not include all my posts. Use the search box!

Robson
Union Member AFGE Local 1234

Tuesday, March 12, 2013

How to win $300,000 in your EEOC claim. Is it possible?


Is it possible to win $300,000 in your EEOC claim?

While if you are a federal employee, and you are a complainant / plaintiff in an EEOC claim, the cap is $300,000 in damages that you are entitled to. There are many factors that go into how much you really will be awarded (if anything). Those factors work against you, as they merely give reason for the judge to deduct from your $300,000 award.

Under the Civil Rights Act (CRA) of 1991, federal employees who file successful EEO
complaints are entitled to an award of compensatory damages in a proven amount not to exceed
$300,000. Since the passage of the 1991 CRA, some employees have succumbed to the myth that
every complainant who files an EEO complaint gets $300,000 in damages.

The reality, however, could not be more opposite than that myth. In fact, most filed EEO complaints are unsuccessful or fail to result in significant damages awards.

Since 1991, the EEOC has awarded $300,000 to very few federal sector EEO complainants. 


(so few in fact, that this blog was unable to find any)

It is true that the amounts awarded by the EEOC have risen over time. Discrimination cases involving allegations with clear merit and severe damages to the complainant often settle for confidential amounts of money, it is rare that a federal agency would agree to pay an individual complainant $300,000 to settle a claim because that is the worst case scenario for an agency assuming the complainant successfully litigates the case all the way to a final EEOC or appellate court decision, which could be years away and is unlikely to occur.

The reality is that damages have to be proven in a successful discrimination case and it is hard to
get a six-figure award. If you do not prove the underlying discrimination or reprisal, you do not
receive any compensatory damages. It should also be remembered that the dollar value of a
compensatory damages award is supposed to reflect payment in an amount equal to the amount
of pain and suffering and other harm actually proven by the employee to have been caused by the
government’s discrimination. Punitive damages (monetary awards aimed at punishing a
defendant found to have engaged in unlawful discrimination) are not awardable against the
federal government. Thus, the “win the lottery” mentality applicable to a certain extent in the
private sector does not apply to EEO complaints against the federal government.

Finally, although it is true to some extent that juries in court discrimination cases tend to award
higher damages amounts to successful plaintiffs than does the EEOC, it is also true that

most discrimination cases filed in federal court never get to the jury because they are dismissed or summarily decided by the judge in favor of the employer before the case is submitted to the jury. 

Also, successful jury verdicts can be reduced by the judge and are subject to be reversed by an
appellate court. Hence, the vast majority of EEO complaints do not result in the complainant
being awarded $300,000 in damages.
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