Every employment discrimination case is unique. Pinpointing exactly how much yours is worth is less straightforward than you might think. Each case has a variety of factors that contribute to its worth, and many choose to settle outside of a courtroom.
To make sense of your discrimination case and the compensation you may be eligible for, you could reach out to a lawyer. Recovering damages and navigating through settlements is easier with an experienced attorney on your side.
Recovering Damages From a Discrimination Case
Title VII of the Civil Rights Act of 1964 protects all employees against discrimination in the workplace. This act makes it illegal to treat someone unfavorably based on one or more of the following personal characteristics:
- Race
- Color
- Religion
- Sex
- National origin
What Qualifies as Workplace Discrimination?
If you suspect discrimination at work, it is important to identify biased behavior and consider how it impacts your job performance and overall well-being. There are different kinds of discriminatory practices, including disparate treatment and disparate impact.
Disparate treatment refers to less favorable behavior toward other employees or applicants based on personal characteristics like race or sex. Examples of disparate treatment may include an employer denying an employee a raise because of their gender or a hiring manager passing over a job applicant based on race.
Disparate impact is slightly different. This kind of discrimination occurs when an employer’s policies or rules apply to everyone at the organization but have a disproportionately negative impact on members of certain groups. An example of this kind of discrimination is pre-employment testing. If an employer were to administer written tests as part of their recruiting process for a position that does not require writing and that test screens out applicants whose first language is not English, this could be a discriminatory practice.
Proving Employment Discrimination
If you decide to try to pursue an employment discrimination case with an attorney, you will need to prove the following:
- You are part of a protected class.
- The employer is aware of your status as part of that protected class.
- The employer participated in unfair or harmful behavior.
- The employer treated employees outside of your protected class better.
Suppose an employer argues that negative treatment was due to a legitimate and legal business reason. In that case, you will need to prove that the employer’s goal can be met in ways that do not discriminate against protected classes.
Everyone has the right to work in a safe and welcoming environment. If you feel you have suffered from discrimination from an employer or co-worker, you may be eligible to recover damages.
Types of Damages in Employment Discrimination Cases
You might be able to recover damages for monetary losses and emotional suffering caused by discrimination in the workplace. Under Title VII of the Civil Rights Act of 1964, the following are types of payments you might be eligible for in your case:
- Economic damages: This type encompasses any lost wages or benefits suffered from discriminatory practices. These damages also include monetary losses due to retaliatory practices and behaviors by the employer.
- Non-economic damages: This type is among the most paid damages in employment discrimination cases. It intends to compensate an employee who suffered emotional distress because of an employer’s discriminatory behaviors.
- Punitive damages: When the employer’s actions are especially malicious or hostile, the employee may be eligible for punitive damages designed to hold the employer accountable.
- Costs and fees: An employee might be entitled to payment from an employer for attorneys’ fees and the cost of a suit, including court expenses and expert witness fees.
There are set limits for both compensatory and punitive damages recoverable by an employee under Title VII. The limits are implemented according to the size of the employer and include the following:
- A $50,000 limit for organizations with 15-100 employees
- A $100,00 limit for organizations with 101-200 employees
- A $200,000 limit for organizations with 201-500 employees
- A $300,000 limit for organizations with 501 or more employees
Other damages may be available as a result of state or local laws, or for Federal claims brought under laws other than Title VII.
Employment Discrimination Settlements
When it comes to employment discrimination, it isn’t easy pinpointing average settlement amounts. Because Title VII of the Civil Rights Act of 1964 encourages individuals and employers to settle these disputes without litigation, most information regarding employment settlements is kept confidential.
Discrimination lawsuit settlement amounts vary depending on a variety of factors. The following can influence the settlement worth of a case:
- Complexity: The case’s settlement amount will vary depending on the inner workings of the case and the intricacies of the employee’s complaints.
- Time spent: The overall settlement amount can change depending on the time spent on the case.
- Jurisdiction: Where the litigation takes place can influence the settlement amount.
Factors That Influence Your Settlement Agreement
Before proceeding with your case, an attorney may analyze the many contributing factors and decide on a reasonable outcome for a settlement. They may consider the following:
- The evidence you have provided as proof of discrimination
- Whether the best course of action is in court or in private arbitration
- Any damages you have suffered at the hand of the employer
- Whether the actions of the employer were malicious or reckless
- The employer’s history regarding the treatment of employees
- The financial position of the employer and any applicable insurance policies
- Your level of interest and commitment in pursuing litigation
An experienced attorney uses this information to calculate a fair and reasonable outcome for your discrimination case. Whether you are interested in holding your employer accountable or receiving compensation for the losses you have endured, working with a trusted lawyer can help you seek justice.
What Your Settlement Agreement Might Include
While every case is unique to the parties involved, settlement agreements often share similar components. The U.S. Equal Employment Opportunity Commission (EEOC) outlines traditional settlement agreements. The agreement starts with a preliminary statement and a section with terms and conditions for both parties. Then, any of the following applicable agreements are added depending on the specifics of the case:
- Attorney’s fees
- Compensatory damages
- Backpay
- Reinstatement or promotion
- Neutral reference
- Unemployment compensation
- Resignation with file expungement
- Outplacement service
- Apology
- Retaliation
- Confidentiality
- Non-disparagement
Learn More About Employment Discrimination Cases and Your Rights With Weisberg Cummings
If you are considering pursuing an employment discrimination case, talking to an experienced attorney can help you navigate your way through the process. With more than 40 years combined in the business, our discrimination lawyers at Weisberg Cummings are here for you. From questions to potentially launching a claim against your employer, we can offer expert assistance and support.
Our team at Weisberg Cummings, P.C. is dedicated to helping you find justice if you have an employment discrimination case. Contact us for a free consultation today.
