There may be a perception among some forensic economists that the time horizon for future damages in employment discrimination cases is the period the plaintiff would have remained employed with the defendant employer but for the discrimination. While the discrimination acts and interpretive case law concerning damages are nuanced as a result of the rather archaic distinction between equitable and legal remedies, it is clear that the law recognizes that discriminatory acts may injure an individual's earning capacity. Therefore, the law allows for the equitable relief of front pay and the distinct legal remedy of compensatory damages in the form of future lost earnings. While the former contemplates employment with a specific employer (i.e., the defendant), the latter does not.
Conversion; nominal damages; lost profits; compensatory damages; unjust enrichment; assignment of contractual right to payment.
The plaintiff was employed by the New York State Office of Mental Health, Central New York Psychiatric Center (CNYPC), as a probationary security hospital assistant on Sept. 10, 2004. From the very beginning of her employment, coworkers made ongoing derogatory sexual comments about females in general and about the plaintiff, in particular. Many employees expressed the opinion that the CNYPC was not an appropriate place for females to work. Jokes, wisecracks and comments such as "women should stay barefoot and pregnant" were common.
[...] in an effort to preserve the unique nature of medical monitoring damages, the requirement of a courtsupervised fund ensures that any damages received are reserved for the express purpose of monitoring for me onset of serious illness or disease, rather than a substitute for compensatory damages. [...] the proposed court-supervised system reflects longstanding principles of tort law, ensuring that the damages are reserved for the express purpose of monitoring for the onset of serious illness or disease, and not as a substitute for compensatory damages.
For sociologists who came in and studied us after the spill, Cordova became a case study of what happens when a whole community of people is traumatized. We had a massive increase in PTSD in Cordova, as well as general anxiety disorder, and, of course, this trickled down to the kids. We're very tight with the children here, and we have always taught them as a community, not just as individuals. Some of these kids own fishing boats when they're 15 and 16, and it's the same thing with the native people of this region, with an emphasis on subsistence harvesting, sharing and celebrating resources. We don't have ageism in Cordova, it's a very fluid sharing of life across the generations. What the Supreme Court did was to decide that a one-to-one ratio of compensatory damages was just punishm...
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