4.12 Remedies Allowed by the Vda

• Library: Employment Law in Virginia (Virginia CLE) (2020 Ed.)

4.12 REMEDIES ALLOWED BY THE VDA

4.1201 Damages. An employer that violates the VDA is subject to liability for compensatory damages, including back pay. ³³¹ The VDA contains a cap on back pay liability equal to 180 days of compensation, reduced by any earnings obtained by the worker in mitigation. ³³² An employee has a duty to mitigate his or her damages. ³³³

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A prevailing employee is not entitled to damages for pain and suffering or punitive damages. ³³⁴ Since the VDA specifically excludes damages for pain and suffering but does not exclude other types of compensatory damages, plaintiffs should pursue all other available compensatory damages resulting from the discriminatory conduct. In Chapoton v. Majestic Caterers Inc., ³³⁵ a terminated waiter who was an asymptomatic carrier of the AIDS virus was awarded $1,000 in compensatory damages under the VDA.

4.1202 Nonmonetary Relief. A court has the authority to award whatever equitable relief it deems appropriate, including issuing an injunction to prevent an employer from violating any rights protected by the VDA. ³³⁶

4.1203 Attorney Fees. The prevailing party is entitled to reasonable attorney fees. ³³⁷ However, a prevailing employer can only be awarded attorney fees if the court concludes that the employee's claim was frivolous, unreasonable, groundless, or brought in bad...