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 Compensatory Damages and Other Remedies (2011)
By: GilbertPrice: $190.00
Sku: 11CDOR
Edition: 4th/2011 ISBN: 1-934651-51-6 Availability: IN-STOCK (released 8/1/11)Format: Book (+ optional CD) | Change to downloadable eBook format
Written by Gary Gilbert, a former Chief Administrative Judge with and long time practitioner before the EEOC, Compensatory Damages is an authoritative and in-depth examination on the subject of damages available before the Equal Employment Opportunity Commission, Merit Systems Protection Board and federal courts as they relate to discrimination cases. The author reviews significant developments and case law affecting damages’ awards and analyzes recent trends. Offering thorough definitions, explanations and advice, employee advocates learn how to obtain the greatest possible relief and employer advocates learn how to limit and scrutinize the claims made by employees. Representatives and adjudicators rely on Compensatory Damages for its reporting and advice on topics including:
- Title VII Equitable Damages—including injunctive relief, back pay, front pay, fringe benefits, reinstatement, and bumping
- The Civil Rights Act of 1991 and Compensatory Damages—including the circumstances under which compensatory damages are available and how to raise such a claim, pecuniary and nonpecuniary damages, and interest
- Proving Damages—including nature, severity and duration of the harm, causation, proof requirements, and expert witnesses
- Mitigation and Offset—including limiting back pay and damages awards, collateral source rule, the eggshell plaintiff, and tax consequences
- Consideration in Approaching Settlement—including enforceable and unenforceable provisions, lump sum payments, settlement requirements, Older Workers Benefit Protection Act, and attorney fees
- Remedies Under Other Statutes—including the Equal Pay Act, ADA and Rehabilitation Act, Family Medical Leave Act, ADEA, and Whistleblower Protection Act
- Managing Discovery About Damages—including employer and employee discovery considerations, bifurcated discovery, protective orders, and medical examinations.
- Calculating an Award of Damages—including how to determine the appropriate amount and appellate review of damage awards
- Attorney Fees and Costs—including the circumstances under which attorney fees are recoverable and how to compute attorney fees and costs and interest on fees
- A Summary of Selected Commission Damage Awards—including a break down of awards up to $10,000, $10,001 to $25,000, $25,001 to $50,000, $50,001 to $100,000 and awards in excess of $100,000
- A Historical Chart of Significant EEOC Nonpecuniary Damages Awards
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Also included are a detailed table of contents, table of cases, and appendices on EEOC federal sector regulations on remedies 29 CFR Part 1614, section 102 of the Civil Rights Act of 1991, compensatory and punitive damages available under section 102 of Civil Rights Act of 1991, EEOC Notice No. N 915.002, IRS guidance regarding taxability of lawsuit award and settlements, and nonpecuniary compensatory damages.
Also available as a .pdf file on a CD-ROM or as an ebook for instant download.
Information Link:
Table of Contents
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