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Compensatory Damages in Employment Discrimination

How much is it worth?

 

STUDENT PAPER

By Robin Grimonprez

SKEMA Business School

Lille, France

 



ABSTRACT

Many people in their life face Employment Discrimination. During or after it happens, they need to know what is the best thing to do to perceive the compensatory damages they deserved.  Over the past decades, the number of complaints linked to employment discrimination has increased and many people are still afraid to complain depending on the context. This paper analyzes all the different alternatives using a multi-criteria decision analysis method. The author suggests that the best solution for a person who is a victim of employment discrimination is to seek the help of an independent investigator. Thanks to his experiences and knowledge, he can give his opinion and decide what the best decision to do is – either talk informally to the employer or make an official complaint to the court.

Key words – Damages, Discrimination, Employment Law, Breach of Contract, Monetary Regulations, Personal Injury

INTRODUCTION

If I speak to you about employment discrimination, you would probably say that nowadays in rich, educated and developed countries, it tends to go down. The reality is different, and we see that employment discrimination stagnates or even increases over the years. For instance, with the help of the U.S. Equal Employment Opportunity Commission (EEOC), $525 million was perceived by victims of employment discrimination in 2015 in the United States.

Employment Discrimination happens when there is a difference in treatment between two equally qualified individuals. This can be based on several aspects such as gender, race, religion, disability, age, sexual orientation, national origin or gender identity. An employment discrimination practice can take many forms and it can occur in many aspects of employment from the refusal to hire to the termination. It can also be seen during the employment with disciplinary actions, denial of training, failure to promote, demotion or harassment.

A person who is a victim of employment discrimination can go to court and ask his employer to pay compensatory damages. These Damages can be asked when there is any form of injury. The injury can be physical or emotional. The victim is paid for the expenses caused by the discrimination like medical expenses but also for the emotional harm suffered.

In our case, we will especially look at the emotional injury and emotional distress. This kind of injury can happen after being discriminated at work and it can lead to depression, inability to control anger or other emotions, anxiety, sexual dysfunction, inability to sleep or loss of appetite.

Nowadays, Employment Discrimination is a well-known problem that can occur frequently, in any kind of profession. The law and contracts may be unclear on this subject for some people, so it is important to make it clear and try to help people who suffer from it.

How can you prove that you are a victim of employment discrimination? What is the best thing to do to solve your problem? Must you face it alone or with the help of an independent expert?

In this paper, we will look at employment contract and compensatory damages and try to see what a person who is a victim of employment discrimination can do during and after it happens. To do that, we will consider a specific situation and then we will generalize our approach.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director [email protected].



About the Author


Robin Grimonprez

SKEMA Business School
Lille, France

 

 

Robin Grimonprez is an MSc student in SKEMA Business School on the French campus of Lille, with a major in Project and Programme Management & Business Development (PPMBD). He is graduated from the Catholic University of Lille and has already obtained a Bachelor’s Degree in Economy and Finance.  His academic career took place in France, England and Brazil. During his studies, he has worked for French companies like “La poste”, “Decathlon” or “Patrival” as finance assistant and for an English company “The French Oven” as Manager Assistant.

He lives in Lille, France, and can be contacted at [email protected]