What are the remedies available when human rights are violated?
When human rights are violated, victims may be able to seek legal remedies. In Utah, a human rights violation can be addressed in a few ways. First, the victim may choose to file a complaint with the Utah State Anti-Discrimination Division. This division will investigate the complaint and may take action if it finds that the victim’s rights have been violated. A decision by this division could include awarding damages, such as the amount of lost wages and emotional distress, to the victim. It may also include other non-monetary remedies. Second, the victim may choose to file a lawsuit in state court. This option would require hiring an attorney and going through the court system. If the court finds that the victim’s rights have been violated, the court could award damages, including compensatory and punitive damages. The court may even assign an injunction, which is an order from the court that requires the violator to stop the improper behavior or activity, or face financial or criminal penalties. Lastly, the victim could file a complaint with the federal Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal laws that prohibit discrimination in employment. If the EEOC finds that there has been a violation, it can order the employer to stop the discriminatory behavior. It can also order the employer to provide job-related remedies, such as back pay, reinstatement, and reasonable accommodations. In all cases, if the victim’s rights have been violated, the victim has the right to seek legal remedies. Each situation is unique and the available remedies will depend on the individual circumstances.
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