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Does the cap for EEOC apply to each charge or is the the max you can get from the employer in total?

Norristown, PA |

I have filed different charges with different dates for the same employer. The EEOC has found the charges to be legit. Would the cap apply to each charge or would it be the amount I could get from the employer in total no matter how many charges I file (for different issues) or the different dates?

The limitation on the amount of damages (caps) is based on the size (number of employees) 6 of the respondent. The limitations are stated as follows: 15 to 100 employees : $50,000, 101 to 200 employees : $100,000, 201 to 500 employees : $200,000, 501 employees or more : $300,000

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Attorney answers 3


The law is not well developed on this point, but the courts that have considered the issue (to my knowledge) have not allowed a plaintiff to receive a different capped amount for each claim. In most if not all of the cases, the damages for the different claims have been connected (for example, harassment followed by retaliation, or non-promotion followed by termination).


You cannot increase the potential damages you recover by splitting charges that are otherwise related. Under federal law, the cap applies to events that arise out of the same facts. For example, if you file a race discrimination charge due to being passed over for promotion then later file a sex discrimination charge for being passed over for the same promotion, the cap will apply to both charges. If you file a third charge for being fired based on race, sex, or any other basis, a separate cap will apply. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***


You should consider bringing claims under state law in additon to federal law. Recovery under the Pennsylvania Human Relations Act may allow you to exceed the federal cap.