What are the advantages and disadvantages to litigating an employment discrimination case in court?
In employment cases, the Fair Employment and Housing Commission’s (FEHC) authority to award damages for emotional distress and administrative fines is limited to a combination of $150,000 per Respondent. The FEHC has no authority to award punitive damages. Furthermore, the administrative fines are payable to the State General Fund, not the individual victim. In Superior Court, there is no limit on the amount of monetary damages a victim can be awarded. The administrative hearing process before the FEHC is a faster and less expensive process because pre-hearing law and motion practice and discovery is limited.
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