Compensatory damages

Definition

Compensatory damages are monetary awards given to a plaintiff in a legal case to compensate for losses incurred due to the defendant's actions. These damages are meant to restore the victim to the position they would have been in had the harm not occurred, covering both economic and non-economic losses. In cases of sexual harassment in the workplace, compensatory damages play a crucial role in providing financial restitution for emotional distress, lost wages, and other related costs incurred by the victim.

5 Must Know Facts For Your Next Test

1. Compensatory damages can cover both direct financial losses, such as medical expenses and lost wages, as well as indirect losses, such as pain and suffering.
2. In sexual harassment cases, victims can claim compensatory damages for emotional distress, which recognizes the psychological impact of the harassment.
3. The amount awarded as compensatory damages is typically determined based on evidence of losses and may vary widely depending on the specifics of each case.
4. Compensatory damages are distinct from punitive damages; while compensatory damages aim to make the victim whole, punitive damages seek to punish the offender.
5. In some jurisdictions, there may be caps or limits on the amount of compensatory damages that can be awarded in harassment cases.

Review Questions

• How do compensatory damages serve to address the consequences of sexual harassment in the workplace?
  • Compensatory damages aim to address both economic and non-economic losses suffered by victims of sexual harassment. This includes financial restitution for lost wages, medical expenses, and therapy costs, as well as compensation for emotional distress. By providing these financial awards, the legal system seeks to restore victims to their previous state before the harassment occurred.
• What factors can influence the amount awarded as compensatory damages in sexual harassment cases?
  • Several factors can influence the amount of compensatory damages awarded in sexual harassment cases. Key considerations include the severity and duration of the harassment, the victim's emotional and psychological state, evidence of lost wages or employment opportunities, and any long-term impacts on the victim's life. Courts often examine detailed documentation and testimonies to determine an appropriate amount based on these factors.
• Evaluate how compensatory damages contribute to broader social change regarding workplace harassment and accountability.
  • Compensatory damages play a significant role in promoting accountability for workplace harassment by financially empowering victims and encouraging them to come forward with their claims. By awarding these damages, courts send a clear message that harassment will not be tolerated and that victims have a right to seek justice. This can lead to increased awareness and prevention measures within organizations, ultimately fostering safer work environments and supporting broader societal shifts towards equity and respect in the workplace.

Related terms

punitive damages:

Monetary compensation awarded to a plaintiff that goes beyond compensatory damages, intended to punish the defendant for particularly egregious behavior and deter future misconduct.

emotional distress: A legal term referring to mental anguish or suffering caused by a harmful event or action, often used to justify claims for damages in cases of sexual harassment.

lost wages: Income that a victim has lost as a result of an incident, often claimed as part of compensatory damages in legal cases involving workplace issues.