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Punitive damages in MA employment discrimination case.

If I go through with my plan to sue my former employer for discrimination (no matter what they say, I was not promoted because of my race) can I also get punitive damages if I win? I live in MA and the job was in Massachusetts too.

Editor's Response

Yes.  In addition to compensatory damages, such as lost income, emotional distress damages, and even attorney's fees, the Massachusetts Fair Employment Practices Act does allow for punitive damages.  However in the case of Haddad v. Wal-Mart Stores, Inc (2009), the Massachusetts Supreme Court held that punitive damages should only be allowed in cases where the defendant's conduct was outrageous or egregious.  The Court provided a list factors that a fact finder may consider when making a determination regarding punitive damages in employment discrimination cases:

 

1) whether there was a conscious or purposeful effort to demean or diminish the class of which the plaintiff is a part (or the plaintiff because he or she is a member of the class);

2)whether the defendant was aware that the discriminatory conduct would likely cause serious harm, or recklessly disregarded the likelihood that serious harm would arise;

3)the actual harm to the plaintiff;

4)the defendant's conduct after learning that the initial conduct would likely cause harm;

5)the duration of the wrongful conduct and any concealment of that conduct by the defendant.

 

Hope that helps.  For more information, visit our Massachusetts Employment Law Discussion Forum.

 

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