§ 28-5-24 - Injunctive and other remedies – Compliance.
SECTION 28-5-24
§ 28-5-24 Injunctive and other remedies– Compliance. – (a) If upon all the testimony taken the commission determines that therespondent has engaged in or is engaging in unlawful employment practices, thecommission shall state its findings of fact and shall issue and cause to beserved on the respondent an order requiring the respondent to cease and desistfrom the unlawful employment practices, and to take any further affirmative orother action that will effectuate the purposes of this chapter, including, butnot limited to, hiring, reinstatement, or upgrading of employees with orwithout back pay, or admission or restoration to union membership, including arequirement for reports of the manner of compliance. Back pay shall include theeconomic value of all benefits and raises to which an employee would have beenentitled had an unfair employment practice not been committed, plus interest onthose amounts.
(2) Where an unlawful employment practice has beenestablished under § 28-5-7.3, the commission need not award hiring,reinstatement or upgrading with back pay if the respondent establishes by apreponderance of the evidence that it would have taken the same action in theabsence of any unlawful motivating factor.
(3) In appropriate circumstances attorney's fees, includingexpert fees and other litigation expenses, may be granted to the attorney forthe plaintiff if he or she prevails. Upon the submission of reports ofcompliance the commission, if satisfied with the reports, may issue its findingthat the respondent has ceased to engage in unlawful employment practices.
(b) If the commission finds that the respondent has engagedin intentional discrimination in violation of this chapter, the commission inaddition may award compensatory damages. The complainant shall not be requiredto prove that he or she has suffered physical harm or physical manifestation ofinjury in order to be awarded compensatory damages. As used in this section,the term "compensatory damages" does not include back pay or interest on backpay, and the term "intentional discrimination in violation of this chapter"means any unlawful employment practice except one that is solely based on ademonstration of disparate impact.