Duties require the consistent exercise of discretion and judgment or consist of work requiring invention, imagination, or talent in a recognized field of artistic endeavor. Job duties must be such that they could not be performed without application of advanced knowledge. The demonstrated application of systems analysis techniques and procedures, including consultations with users to determine hardware, software or system-functional specifications. The design, development, documentation, analysis, creation, testing or modification of computer systems or progress, including prototypes, based on or related to user or system design specifications. Employee remedies including back pay, liquidated damages, attorney s fees.
Statute of limitations is two years unless found to be a willful violation, then three years.
The pregnancy amendment of 1978 made it illegal to discriminate base on pregnancy, childbirth or related conditions. The legislation permits individuals claiming unlawful, intentional discrimination to bring suit for both compensatory and punitive damages. Individuals claiming discrimination may request that a jury try their cases. An employee prevailing in such a discrimination claim may be entitled to back pay reinstatement to the former job, as well as attorney s fees. 2 Disparate treatment can be defined as unequal treatment or applying different standards to different employees.