fines?

[faithnlve]

What is the name of your state? VT Does a company get fined by the state or government once an agency like the eeoc, has found that harassment or a hostile work environment has happened? thanks, faith

 

[mlane58]

It's not that simple.

If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination.

If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.

If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions.

 

[mitousmom]

The anti-discrimination statutes are designed to remedy the victim of discrimination, not to penalize the employer. Therefore, the statutes don't provide for fines to be levied against the employer such as those levied for other types of violations of federal law, such as OSHA, etc.

Further, EEOC doesn't have the authority to conclude that there has been a violation of the statute, only that there is "reasonable cause" to believe there has been a violation. Therefore, it cannot order an employer to take any action - only a Federal Court can conclude that there has been a violation of the statute and order relief.

If EEOC concludes that there is reasonable cause that a violation occurred, it will attempt to conciliate or settle the dispute. If it can't get the employer to voluntarily settle the dispute, it typically gives the employee a Notice of Right to Sue. While EEOC can sue on the employee's behalf, it rarely does so.

The federal courts are not required to give any weight or consideration to EEOC's reasonable cause determinations. Federal court trials on employment discrimination matters are trials de noveau.

If the Court finds that the employer's discriminatory action was particularly egregious it can award punitive damages.