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geoycelyn
geoycelyn
Student
Graduate School

EEOC process for disability discrimination (site not clear)-   Are caimants heard with a "jury of peers" or does a judge have the final say?

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Posted by geoycelyn on Thursday June 25, 2009 at 10:38 AM and tagged with eeoc, law.

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  1. speamerfam
    speamerfam Teacher
    Community / Jr. College

    eNotes Editor

    Any federal claim of discrimination provides the right to a jury trial.  The plaintiff can choose to have a jury or a non-jury trial. However, quite often a plaintiff has a state claim to discrimination and a federal claim, too. In that situation, the state and federal claim may be combined and tried in a federal court, but the state claim often does not provide a right to jury trial.  Thus, it is possible to have a jury claim There are sometimes advantages in state claims that do not exist in federal claims.  A cap on federal damages might not exist for the state claim, for example.  The case law of a particular state might be more favorable to a plaintiff than the federal case law.  That would be another advantage.  Generally, the overlap of state and federal discrimination law is very complex, and anyone who seeks to file a claim under either or both should seek the advice of an attorney who is admitted to state and federal practice. 

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    Posted by speamerfam on Wednesday July 1, 2009 at 7:53 AM