Compensating Victims of Employment Discrimination

May 23, 2023

One of the first questions new clients have for us is what they can expect to happen as a result of their lawsuit. Every case is different, but victims of employment discrimination may be entitled to a range of remedies, both monetary and non-monetary, to help make them whole and to deter future discrimination. 

Monetary damages are designed to compensate victims for the financial losses they have suffered as a result of the discrimination. Non-monetary remedies, on the other hand, focus on remedying the harm caused by the discrimination and preventing future discrimination. Remedies of this type include: 

  • Injunctions: A court may issue an injunction ordering the employer to cease the discriminatory practices and take other affirmative steps to remedy the harm caused by the discrimination. 

  • Reinstatement: A victim may be reinstated to their former position or a comparable one, if it is determined that it would be feasible and appropriate. 

  • Promotion: If a promotion was denied due to discrimination, a victim may be awarded a promotion to the position they were denied. 

  • Training and education: An employer may be required to provide training and education to employees and management on anti-discrimination laws and policies. 

  • Policy changes: An employer may be required to adopt new policies and procedures to prevent discrimination in the workplace. 

  • Reporting requirements: An employer may be required to regularly report to the court or the Equal Employment Opportunity Commission (EEOC) on their compliance with the anti-discrimination laws. 

  • Monitoring: An outside party may be appointed to monitor the employer's compliance with anti-discrimination laws and to ensure that the harm caused by discrimination is remedied. 

Not every discrimination case involves non-monetary remedies. However, monetary damages are a key aspect of almost all employment discrimination cases because they directly compensate victims for the harm they have suffered. The calculation of monetary damages in these cases involves considering various factors, including the nature and extent of the discrimination, the impact it had on the victim's career and earning potential, and the losses suffered as a result of the discrimination. 

There are several different types of monetary damages that may be awarded in employment discrimination cases, including: 

  • Back pay: This type of damages is intended to make up for the wages and benefits the victim would have received had the discrimination not taken place. It is calculated based on the difference between the victim's actual earnings and what they would have earned in the absence of discrimination. 

  • Front pay: This type of damages compensates the victim for future lost earnings and benefits resulting from the discrimination. It is awarded when reinstatement is not possible or practical. 

  • Compensatory damages: These damages are intended to compensate the victim for the harm they suffered as a result of the discrimination. They may include compensation for emotional distress, loss of enjoyment of life, and other non-economic losses. 

  • Punitive damages: These damages are intended to punish the employer for engaging in intentional discrimination and to deter similar conduct in the future. They are awarded in addition to compensatory damages and are meant to serve as a deterrent. 

  • Attorney's fees: In many cases, the victim may be entitled to recover their attorney's fees, which can be substantial in complex employment discrimination cases. 

Whether you are seeking monetary damages to compensate for lost wages, benefits, and emotional distress, or non-monetary remedies to remedy the harm caused by the discrimination and prevent future discrimination, it is important to have a knowledgeable and experienced attorney on your side. An attorney can help you understand the types of damages and remedies you may be entitled to, and work with you to maximize your recovery. 

At Community Law Office, our attorneys have extensive experience handling employment discrimination cases and have a proven track record of success. We understand the complexities of these cases and are equipped to provide you with the guidance and support you need to achieve the best possible outcome. Our expertise in settlement valuation allows us to effectively negotiate on your behalf, ensuring that you receive the compensation you deserve. If you have experienced employment discrimination, contact us today to schedule a consultation and learn more about your rights and options.