In our fact pattern involving systemic discrimination at a cigarette manufacturing plant, a number of different remedies are available. In our example, stop practice and promote victims. Backpay Moody establishes a presumptive entitlement to backpay. Backpay covers the period up to the date of judgment and back as much as 2 years prior to the date of the EEOC charge. The goals of backpay awards include both compensation and deterrence.
Franks establishes a presumptive entitlement to retroactive seniority.
Front pay is only necessary when reinstatement or promotion is not possible without bumping incumbent employees. Copyright 1999 by J. Hoult Verkerke.