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What to know about back pay in discrimination cases

Some Texas workers who are the victims of job discrimination end up filing a lawsuit under Title VII of the Civil Rights Act of 1964. In some cases, if they prevail they could be entitled to back pay damages to compensate for lost earnings or other benefits lost because of the discrimination. For instance, a worker who was wrongfully terminated may be entitled to wages and other benefits that were lost as a result.

The same may be true if a worker was wrongfully denied a promotion or other chances to advance his or her career. In addition to back pay, a worker may be entitled to the financial value of vacation time, reimbursement for medical costs covered by the employer and pension payments. Bonus payments that were lost because of discrimination may also be covered in a Title VII lawsuit.

In most cases, a worker is entitled to back pay and other relief from the day that the discriminatory action took place until the court enters a judgement. Typically, a federal judge decides the amount of these types of damages as they are considered equitable relief. After a ruling is issued, the employer may appeal the decision or otherwise argue that it doesn't owe damages by using after-acquired evidence.

If an employer violates wage or other employment law, a worker may be entitled to back pay or other damages. Evidence such as payroll records, employer statements or statements from colleagues may all help to establish an employee's claim that he or she was treated improperly. It may be in a worker's best interest to hire an attorney to help with the case. An attorney may be able to help with settlement talks or increase the odds that a case is not thrown out because of a technicality.

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Warren & Siurek, L.L.P.
3334 Richmond Avenue, Suite 100
Houston, TX 77098

Toll Free: 877-497-0328
Phone: 832-699-1988
Fax: 713-522-9977
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