An employee claiming race or sex discrimination in pay under Alabama’s Clarke-Figures Equal Pay Act, Act 2019-519, can file a lawsuit in Alabama court to recover lost wages plus interest. The CFEPA has a two-year statute of limitations.
Filing Discrimination Charges
An employee claiming discrimination based on a status protected under the federal anti-discrimination laws (eg, race, religion, national origin, sex, sexual orientation, gender identity, pregnancy, disability, genetic information) or for retaliation for protected activity generally must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discrimination. The EEOC typically offers the opportunity to mediate the case with a mediator provided by the Commission. If mediation is not pursued or is unsuccessful, the EEOC will investigate the charge.
At the end of that process, the EEOC may issue a determination that the evidence indicates the employer violated the applicable statute, that the evidence does not indicate a violation of the statute, or simply that it is closing its investigation. Regardless of what the EEOC concludes, it will issue the employee a “right to sue” letter, after which the employee has 90 days to file a complaint in court. Successful plaintiffs can recover lost back pay, compensatory and punitive damages (capped based on the size of the employer), and attorney’s fees and costs.
The court can also reinstate an employee or award front pay. Following the "Black Lives Matter" and "Me Too" movements, charging parties are likely to file more claims regarding race and sex discrimination and harassment and those charges may raise claims regarding terms and conditions of employment that may not have had a clear economic impact or involve a clear employment decision. Additionally, employees may raise claims regarding discrimination based on two or more protected classifications – for example, “I was discriminated against because I am an African-American female” rather than simply based on either race or sex.
Age Discrimination
To pursue a claim for age discrimination, the employee must file a charge of discrimination with the EEOC within 180 days of the alleged discrimination, receive a right to sue letter and pursue a lawsuit. A successful age discrimination plaintiff can recover lost back pay, liquidated damages in an amount equal to back pay, and attorney’s fees and costs. The court can also reinstate an employee or award front pay.
Race Discrimination
To pursue a claim for race discrimination under 42 U.S.C. Section 1981, an employee does not need to file an EEOC charge but can go directly to court. A plaintiff must file a claim in court within four years of the alleged discrimination. Successful plaintiffs can recover lost back pay, compensatory and punitive damages (uncapped), and attorney’s fees and costs. The court can also reinstate an employee or award front pay.
Denied Leave
To pursue a claim for denied leave or retaliation for taking leave under the Family and Medical Leave Act (FMLA), an employee files a complaint in court within two years (three years for a willful violation) of the alleged adverse action. A successful FMLA plaintiff can recover lost back pay, liquidated damages in an amount equal to back pay, and attorney’s fees and costs. The court can also reinstate an employee or award front pay.
Equal Pay
To pursue a claim that she was paid disparate wages based on her sex under the Equal Pay Act (EPA), an employee files a complaint in court within two years (three years for a willful violation) of the alleged adverse action. A successful EPA plaintiff can recover lost back pay, liquidated damages in an amount equal to back pay, and attorney’s fees and costs. The court can also reinstate an employee or award front pay.