Employment Discrimination: What Damages Can You Get?

If you have been discriminated against at work, and you or your attorney feel that you have a good case, the next question on your mind may be what do you stand to recover as a result—that is, what damages are available to you, in the event you were to prevail on your employment discrimination case?

Prior, back pay – This comes into play when you have been fired or have been forced to leave or quit (called constructive termination), because of harassment or discrimination at work.

When and if you were fired because of discrimination the court would calculate what you would have made, had you still been working for your prior employer from termination to the present day. If you quit because of constructive termination, the court will start the clock at that point.

Note that you don’t have to be fired, to get back pay. Employees who may have been denied promotions or advancements that would have yielded them additional salary, can sue for the lost salary, as back owed wages.

Future or front pay – It often happens, that an employee who was wrongfully terminated because of discrimination, may be unable to find another job that pays the same thing that the employee’s prior employer had paid. Perhaps the employee was discriminated against and wrongfully fired, in an industry, profession or field, where jobs are rare, or not available in the employee’s geographic area.

In these cases, the employee can claim front pay—that is, what the employee would have been making, going into the future had he or she not been wrongfully fired because of harassment

Emotional distress – This can include any kind of emotional damages; the stress, pain, fear, embarrassment or shame that can naturally happen as a result of being insulted, demeaned, or discriminated against. Seeking medical treatment for what is happening at work is not necessary; in many cases a jury can assume that harassment or discrimination would naturally lead to emotional distress, but certainly, a jury will consider any type of medical care, therapy or counseling that an employee may have had to undergo, as a result of the harassment at work.

That also includes the fear, anxiety, and upset that can come with losing your job illegally because of the termination. The feeling of having no employment, wondering how you will pay your bills, or how you will find another job after a wrongful termination, is something a jury can consider, and compensate you for.

Rehiring – A court cannot order an employer to rehire a formerly wrongfully terminated employee. This is usually not an option that the aggrieved employee often wants. Still, for those who have jobs that they see as “one of a kind,” or who feel that conditions at the workplace may have improved, rehiring may be a valid option that an effective attorney can argue for during the prelitigation process.

Attorneys fees and out of pocket expenses – Any expenses that the employee may have sustained because of the harassment, discrimination, or wrongful termination-including attorney’s fees – may be reimbursed by a jury in an employment discrimination lawsuit.

What damages are you entitled to because of wrongful termination, harassment or discrimination? Contact the San Jose employment attorneys at the Costanzo Law Firm for help.

Sources:

calcivilrights.ca.gov/fair-chance-act/employment-remedies/

natlawreview.com/article/san-diego-jury-goes-nuclear-11-million-verdict-workplace-discrimination-case

eeoc.gov/remedies-employment-discrimination