Victims of Discrimination or Retaliation in Violation of the Florida Civil Rights Act or the Federal Civil Rights Act are Entitled to Front Pay

By Scott C. Adams | Employment Law Attorney
Published: March 24, 2016

 

Generally, the Federal Civil Rights Act protects a person from being discriminated or retaliated against by their employer because of his or her race, color, religion, sex, national origin, or having complained about or opposed such discrimination or retaliation. Similarly, the Florida Civil Rights Act protects a person from being discriminated or retaliated against by their employer because of his or her race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status, or having complained about or opposed such discrimination or retaliation. If a person is discriminated or retaliated against in violation of the Federal Civil Rights Act or the Florida Civil Rights Act, then that person is entitled to money damages.

One such money damage is called “front pay.” Front pay by its simplest definition is a money award for lost compensation during the period between court judgment and an employee’s reinstatement or in lieu of an employee’s reinstatement. When reinstatement is impractical or impossible, front pay is the functional equivalent of reinstatement because it is a substitute remedy that affords the victim of discrimination or retaliation the benefit he or she would have received if they were reinstated. Reinstatement is often inappropriate because of the ongoing hostility between the employer and the victim of the discrimination or retaliation. Reinstatement is also often inappropriate because of the psychological injuries suffered by the victim as a result of the discrimination or retaliation. Under such circumstances, a Court will award front pay in lieu of reinstatement.

Courts have ruled that front pay can be appropriate for the duration of an individual’s working life. See e.g. Warren v. County Commission of Lawrence Alabama, 826 F.Supp.2d 1299,1312-1316 (N.D. Ala. 2011)(Court awarded 32 years of front pay). More conservative courts award front pay at three (3) years. Snow v. Pillsbury Company, 650 F.Supp. 299, 301 (D. Minn. 1986)(Court awarded three years of front pay); Ogden v. Wax Works, Inc., 29 F.Supp.2d 1003, 1020 (N.D. Iowa 1998)(Court awarded three years of front pay); Glenn-Davis v. City of Oakland, 2008 WL 410239 * (N.D. Cal. 2008)(Court awarded three years of front pay). Such shorter time periods reflect the law’s requirement that the victim of discrimination actively look for reemployment or the ability to obtain reemployment with reasonable timeframe.

If you have been a victim of discrimination, harassment, or a hostile work environment, please contact an employment attorneys at LaBar Adams in Orlando, FL at LaBar Adams in Orlando, FL, 1-866-680-4LAW, or 407-835-8968.

 

 

Scott Adams - Workplace Discrimination Attorney in Orlando, FL

 

 

 

 

 

Scott C. Adams
Orlando Workplace Discrimination Attorney

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