4 min read

What You're Asking the Court For

Rule 8(a)(3) makes the demand for relief mandatory. Back pay, benefits, reinstatement, compensatory and punitive damages capped by employer size.

Why it's required

Rule 8(a)(3) requires a demand for the relief sought. It's a mandatory element of the complaint, not an optional closing flourish.

How the EEOC frames the purpose

The EEOC describes the goal of the law as putting a person who experienced discrimination in the same position, or nearly the same, they would have been in had it not occurred.

What that can include

The EEOC lists remedies that may include placement in a job, back pay, and benefits the person would have received. It states an employer may also be required to stop discriminatory practices and take steps to prevent future discrimination, and that a person may be able to recover attorney's fees, expert witness fees, and court costs.

Damages beyond lost pay

For Title VII and ADA claims, 42 U.S.C. § 1981a provides for compensatory and punitive damages, subject to caps tied to the employer's size — from $50,000 for employers with 15 to 100 employees, up to $300,000 for employers with more than 500. The caps apply to those categories of damages; back pay is treated separately.

Why employee count keeps appearing

It determines both whether a statute applies at all — Title VII and the ADA generally reach employers with 15 or more employees, the ADEA 20 or more — and where the damages cap sits. It's one of the fields on the EEOC charge form for that reason.

Documentation is what makes this concrete

Back pay traces to pay records and the termination date. Benefits trace to plan documents. Job-search costs and medical or counseling expenses trace to receipts. The calculation is only as good as the underlying records.

Sources

EEOC, "Remedies for Employment Discrimination"; 42 U.S.C. § 1981a; Fed. R. Civ. P. 8(a)(3).

Red flags to watch for

No pay records to support a back-pay figure
A damages number with nothing underneath it
No demand for relief in the draft complaint

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Sources: EEOC.gov, EEOC Field Manual, and federal employment statutes. Informational only — not legal advice.