Here are the main types of damages and compensation you might be entitled to:
1. Economic Damages
These are intended to compensate you for financial losses resulting from the discrimination.
- Back Pay: Compensation for wages lost from the date of the discriminatory act to the date of judgment.
- Front Pay: Compensation for future lost earnings if reinstatement is not possible or practical.
- Loss of Benefits: Compensation for lost employment benefits, such as health insurance, retirement benefits, and bonuses.
- Out-of-Pocket Expenses: Reimbursement for job search costs, medical expenses, and other costs directly related to the discrimination.
2. Non-Economic Damages
These damages compensate you for non-financial harm suffered due to discrimination.
- Emotional Distress: Compensation for mental anguish, anxiety, depression, and other emotional suffering caused by the discrimination.
- Pain and Suffering: Compensation for physical and emotional pain resulting from the discriminatory conduct.
- Loss of Enjoyment of Life: Compensation for the impact of discrimination on your quality of life and ability to enjoy activities you once did.
3. Punitive Damages
Punitive damages are intended to punish the employer for particularly egregious conduct and to deter similar behavior in the future. These are awarded in cases where the employer’s actions were especially malicious or reckless.
4. Attorney’s Fees and Costs
If you prevail in your discrimination case, you may be entitled to have your legal fees and court costs paid by the employer.
Case-Specific Factors
- Strength of Evidence: The amount of documentation and credibility of witness testimony can significantly influence the outcome.
- Severity of Discrimination: More severe or pervasive discrimination tends to result in higher compensation.
- Impact on Career: The extent to which the discrimination affected your career progression and future earnings.
Emotional and Physical Impact: The degree of emotional distress and any physical health impacts caused by the discrimination.
Legal Process
- Settlement Negotiations: Many cases are settled out of court, often resulting in quicker resolutions and potentially lower legal fees.
- Court Judgments: If a case goes to trial, the compensation amount is determined by the finder of fact, which can result in higher or lower awards based on the judge or jury’s findings.
Consulting with an experienced employment attorney can provide a more accurate estimate of potential compensation based on the specifics of your case and help you navigate the legal process effectively.
* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.