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Compensation for pain and suffering caused by discrimination is called "compensatory
damages." Examples are: loss of enjoyment of life, deterioration of health (both physical and
mental), loss of social standing, damage to reputation, etc. The following are not compensatory
damages: lost wages, lost promotion and higher wages along with it, or loss of career
advancement potential. These are pecuniary damages apart form the compensatory damages.
proven. Administrative judges may bifurcate (or divide) the hearing to only examine the damages
on a case.
hard to prove, such as depression or worsening of your mental conditions. You need medical
records to prove deterioration or diagnosis and the proof showing that the damages were
caused by discrimination, not by your family life or other non-work related stress in life.
Under the EEOC-enforced laws, the remedies for unlawful discrimination include:
Monetary remedies available under the laws enforced by the EEOC are as follows:
Compensatory damages are paid to compensate the claimant for loss, injury, or harm suffered
by another's breach of duty.
1991. EEOC Notice No. 915.002 at 11-12, 14 (July 14, 1992)
General compensatory damages compensates the claimant for the non-monetary aspects of the
specific harm suffered. This is usually termed 'pain, suffering, and loss of amenity.' Examples of
this include physical or emotional pain and suffering, loss of reputation, loss of mental capacity,
loss of enjoyment of life, etc.
Liquidated damages: A contractually agreed upon amount to be paid in the event of a breach of
the contract, in lieu of performance or quantification of actual damages sustained. (Webster's
New World Law Dictionary)
Federal or state courts may be able to order greater amount of compensatory or punitive
damages than the amount allowed under laws enforced by EEOC.