If you are a member of the LGBTQ community and have been discriminated against at your workplace because of your sexual orientation or gender identity, you may be wondering about the potential for a lawsuit. If you believe you have a discrimination claim, one of the first questions you may ask yourself is how much your case could be worth.
While each sexual orientation discrimination case is different, you can estimate some potential aspects of the damages you may recover after a successful trial.
Average Settlement Amounts
Employment discrimination cases aim to help the victim achieve the same financial or employment position they would have been in if the discrimination had not happened. The settlement or award you receive and its amount will depend on your unique situation, such as the discriminatory action and what recovering from it and challenging it in court has cost you. The types of damages you may recover vary under state and federal law, and there may be caps on certain types of damages depending on which laws apply to your situation.
Types of Remedies and Damages
If your discrimination case is successful, you may be eligible to receive remedies based on the reasons for your case and how your employer can rectify the situation. Depending on your specific circumstances, you may need to prove you have completed specific actions or upheld aspects of your contract to receive legal relief. The two types of remedies are equitable and legal.
Types of Equitable Remedies
Your sexual orientation discrimination case may be worth more than a monetary amount can restore. Your case may also require your employer to take or refrain from certain actions to deliver relief.
Equitable remedies can look like:
- Receiving a job or promotion the employer denied you because of your sexual orientation.
- Getting your job back if you were wrongfully terminated.
- Your employer changing their conduct toward you if you were mistreated due to your sexual orientation.
Types of Legal Remedies
As part of your discrimination case, you may also be able to sue and receive compensation for a variety of damages. Damages are monetary compensation awarded to the harmed party and can fall into two categories — compensatory and punitive.
Compensatory damages pay you for out-of-pocket expenses and emotional harm the discrimination has caused. Punitive damages are awarded to a victim to punish an employer who has committed especially reckless or malicious discriminatory acts.
Some specific compensatory damages you may receive include:
1. Medical Expenses
Workplace discrimination affects your wellbeing, especially when tied to a key aspect of who you are, such as your sexual orientation or gender identity. Emotional and environmental stressors can manifest as physical conditions, or you may have medical expenses after instances of discrimination involving physical abuse. Your experiences may also require you to seek psychological help.
Especially during and after events that have a large impact on your life, such as sexual harassment or wrongful termination, your physical and emotional wellbeing may suffer. Depending on the severity of your case, you may be able to seek compensation for any related health expenses, such as medical bills or counseling costs. You may also be able to receive compensation for pain and suffering.
2. Job Search Costs
If you sue for wrongful termination, you may be able to recover the costs of an unexpected job search. Seeking new employment can incur costs, such as attending job fairs, traveling to interviews, buying work attire and joining professional networking organizations. If you can prove you have made an effort to find a new job since your termination, you may receive money to cover those costs.
3. Court Fees
Sexual orientation discrimination lawsuit settlements may also include compensation for fees to cover attorneys, expert witnesses and other court costs. The chance of these fees being covered may help you justify the cost of taking your case to court, so you can receive any compensation you deserve with little risk.
Other Remedies
Beyond compensatory and punitive damages, you may be eligible for other remedies that help you recover the money your employer owes you.
1. Back Pay
Several types of sexual orientation discrimination can result in you losing the money you are entitled to as an employee. You may have been denied benefits based on your sexual orientation or demoted to a lower-paying position because of your gender identity. You may have even faced hiring discrimination or been wrongfully terminated, keeping you from earnings you would have received had you been employed or remained employed.
If your discrimination experience has denied you the compensation you would have earned at a job without consideration of your sexual orientation, you may be able to sue for these losses. Wrongful termination cases, for instance, can compensate people with the monetary value of earnings they would have received had they stayed employed, lost benefits and other lost earnings, such as deserved bonuses and raises.
As part of your case, the employer may offer you a job they previously denied you or reinstate you into your prior position. In this case, back pay restores you with the income, benefits or raises you would have earned without the discrimination. Court settlements may include back pay to make up for wrongful promotion denials, suspensions and terminations, as well as failure to hire based on discrimination. If you receive back pay, you may also receive interest on that amount of money.
2. Front Pay
If you have been unable to find a new job to replace your lost wages, despite your best efforts, you may be entitled to receive compensation to offset potential future wage loss. Because future wage losses are speculative in nature, this amount is often the subject of negotiations in settlement discussions or left to the discretion of a judge if your case goes to trial.
What Is My Sexual Orientation Discrimination Case Worth?
All sexual orientation discrimination lawsuit settlements are unique. To determine how much your case might be worth, begin by speaking with a trusted employment attorney. An experienced lawyer will review all the details of your case and get to know your specific workplace situation so they can best help you define what damages and other remedies you may be eligible to receive.
Consult With Weisberg Cummings
Regardless of your sexual orientation or gender identity, you have a right to fair treatment in your workplace. If you believe you have a workplace discrimination case, the employment attorneys at Weisberg Cummings are here to assist you.
We work with you to understand your circumstances and provide you with focused legal guidance, so you can take the necessary steps to advocate for fair, safe working environments. Taking legal action could help you enforce your rights and receive the compensation you deserve.
Contact us today for a free consultation.
