Sanctions for Non-Compliance Superior Court shall have the An employee whose rights are reinstatement, compensatory authority to provide the following denied can file a complaint with the damages, punitive damages, back relief, including but not limited to: Wage and Hour Division, which can pay for lost where someone has a. the respondent to cease and go to court to obtain an order been terminated, and requiring an desist or modify its existing requiring the employer to comply. employer to take certain actions to employment policies; In addition, any employee who is prevent future discrimination. b. Order the respondent to hire, or in any other manner “discharged reinstate or promote the charging discriminated against” because, for party; instance, he or she has filed a c. Order the payment of complaint or cooperated in an compensatory damages, including investigation, may file a retaliation but not limited to general and complaint with the Wage and Hour special damages, punitive damages Division or may file a private cause when appropriate, not to exceed the of action seeking appropriate damage awards allowable under remedies including, but not limited Title VII of the Civil Rights Act of to, employment, reinstatement, lost 1964 [42 U.S.C. § 2000e et seq.], as wages and an additional equal amended, provided that for the amount as liquidated damages. purposes of this subchapter, employers with 4-14 employees shall be treated under Title VII's damage award as an employer having under 50 employees; and d. Order the costs of litigation and reasonable attorney's fees to the prevailing party. (2) In any action brought by the Department for violation of the retaliation provision of § 711(f) of this the Court shall fine the employer not less than $1,000 nor more than $5,000 for each violation, in addition to any liability for damages. A wilful violation of the requirement to provide notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to
Sanctions for Non-Compliance Superior Court shall have the authority to provide the following relief, including but not limited to: a. the respondent to cease and desist or modify its existing employment policies; b. Order the respondent to hire, reinstate or promote the charging party; c. Order the payment of compensatory damages, including but not limited to general and special damages, punitive damages when appropriate, not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964 [42 U.S.C. § 2000e et seq.], as amended, provided that for the purposes of this subchapter, employers with 4-14 employees shall be treated under Title VII's damage award as an employer having under 50 employees; and d. Order the costs of litigation and reasonable attorney's fees to the prevailing party. (2) In any action brought by the Department for violation of the retaliation provision of § 711(f) of this the Court shall fine the employer not less than $1,000 nor more than $5,000 for each violation, in addition to any liability for damages. A wilful violation of the requirement to provide notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to An employee whose rights are denied can file a complaint with the Wage and Hour Division, which can go to court to obtain an order requiring the employer to comply. In addition, any employee who is “discharged or in any other manner discriminated against” because, for instance, he or she has filed a complaint or cooperated in an investigation, may file a retaliation complaint with the Wage and Hour Division or may file a private cause of action seeking appropriate remedies including, but not limited to, employment, reinstatement, lost wages and an additional equal amount as liquidated damages. reinstatement, compensatory damages, punitive damages, back pay for lost where someone has been terminated, and requiring an employer to take certain actions to prevent future discrimination.
delaware_analysis-draft__2_.docx