Employment Lawyers: discrimination question/answer continued
[Broward County employment discrimination/retaliation question continued from November 11, 2009]
A claim of retaliation, if it is supported by sufficient evidence to be submitted to the jury, raises the value of the plaintiff's potential recovery in two ways. First, a plaintiff who has been the victim of retaliation has a greater chance of winning the sympathy of the jury on the underlying claim of discrimination. And second, proof of retaliation also goes a long way toward justifying an award of punitive damages, which are available only upon proof that the defendant acted "with malice or with reckless indifference to the federally protected rights of an aggrieved individual. As with claims of discrimination, the crucial issue in retaliation claims is whether the plaintiff has presented sufficient evidence to survive a motion for summary judgment or a motion for judgment as a matter of law, in order to have the claim submitted to the jury.
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