LAW 664 Lecture Notes - Lecture 11: Civil Rights Act Of 1964, Punitive Damages, George Keppel, 3Rd Earl Of Albemarle
6 Jun 2020
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Discrimination on the basis of sexual orientation/transgender individuals: language of title vii: because of sex . What does that mean: support for covering sexual orientation/transgender status, additional protections already fit into gender non-conformity and stereotyping (pw). 1: smith = plaintiff cannot be denied protections of title vii because of gender expression at work. 2: oncale: support for notion that title vii can include protections for things that congress never intended, 7th circuit thought this case fit in gender stereotyping and gender non conformity. Judicial relief: occurs once claim is proven, possibilities that plaintiff may receive: back pay, compensatory damages, punitive damages, attorney"s fees, and retroactive seniority if employee returns back to job. Bad faith not required to obtain back pay: nothing in title vii or civil procedure rules requires that if an employee doesn"t ask for back pay, it doesn"t automatically bar them from back pay. 4: not available under adea, must show malice or reckless indifference.
