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David Wirtz and Orit GoldringDavid Wirtz and Orit Goldring ()

Fair warning both to defense counsel who represent employers, and to plaintiffs’ counsel who represent employees, in employment-related litigation under Title VII of the Civil Rights Act of 1964, as amended, the New York State Human Rights Law (NYS HRL) and the New York City Human Rights Law (NYC HRL): Whether claims for relief go to the judge or the jury is not as simple as at least some might think. Stated another way, the often-heard mantra in employment litigator circles—”back pay is for the jury and front pay is for the judge”—just isn’t correct.1

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