Generally, the Federal Civil Rights Act protects a person from being discriminated or retaliated against by their employer because of his or her race, color, religion, sex, or national origin. Similarly, the Florida Civil Rights Act protects a person from being discriminated or retaliated against by their employer because of his or her race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. If a person is discriminated or retaliated against in violation of the Federal Civil Rights Act or the Florida Civil Rights Act, then that person is entitled to money damages.
What is Front Pay
One such money damage is called “front pay.” Front pay by its simplest definition is a money award for lost compensation. Front pay is lost compensation occurring from the court judgement until some point in the future. When reinstatement is impractical or impossible, front pay is the functional equivalent of reinstatement. This is because it is a substitute remedy. It affords the victim of discrimination the benefit he or she would have received if they were reinstated. Reinstatement is often inappropriate because of the ongoing hostility between the employer and the victim of the discrimination or retaliation. Under such circumstances, a court will award front pay in lieu of reinstatement.
Front Pay Awards
Front pay can be appropriate for the duration of an individual’s working life. A more conservative court may set front pay at three (3) years. The law’s does require that victims of discrimination actively look for reemployment. Thus, shorter front pay awards often reflect the conclusion that an employee should have already obtained new employment. Thus, negating front pay.
If you have been a victim of discrimination, retaliation, harassment, or a hostile work environment, please contact the employment lawyers at LaBar & Adams, P.A. in Orlando at 407-835-8968 or fill out the online form located on our website.