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Employment Law Blog

March 21st, 2016

INJUNCTIVE AND AFFIRMATIVE RELIEF

Blog by Folkerth Law

Injunctive, declaratory, and affirmative relief are equitable remedies. Statutes permitting these equitable remedies include the Employee Retirement Income Security Act, Title VII, the Americans with Disabilities Act, the Rehabilitation Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Uniform Services Employment and Reemployment Rights Act, and R.C. § 4112.99. Injunctions may be granted to prohibit continued discriminatory employment practices, and include equitable remedies such as reinstatement and promotion in order to make the employee whole. Howe v. City of Akron, 801 F.3d 718, 754 (6th Cir. 2015). Examples of specific, make-whole equitable remedies include hiring, reinstatement, reasonable accommodation, transfer, promotion, retroactive seniority, tenure, restoration of benefits, wage or salary adjustment, expungement of adverse information from personnel files, and letters of commendation.