Every workplace discrimination case is different, and the amount of compensation recoverable in a settlement or verdict will depend on its unique circumstances. Under federal law, certain damages for discrimination are capped at $50,000 to $300,000, depending on the size of your employer.
Facing discrimination in the workplace can be stressful and agonizing, turning a job you might’ve loved into a hostile work environment. The experienced employment law attorneys with Joseph & Norinsberg can help you sue your company for discrimination and get the compensation you deserve.
Table of Contents
- What Factors Affect How Much You Can Sue For?
- What Types of Damages Can You Recover in a Workplace Discrimination Case?
- How Do Federal Damage Caps Influence Discrimination Claims?
- How Can You Prove a Discrimination Claim?
- What Qualifies as Workplace Discrimination?
- Contact Joseph & Norinsberg For Your Employment Law Cases
What Factors Affect How Much You Can Sue For?
The compensation available in a discrimination lawsuit can vary greatly depending on various factors involved, including:
- Severity of conduct: Experiencing egregious discrimination over a prolonged period can lead to stronger evidence and a higher likelihood of receiving punitive damages.
- Termination: Being wrongfully terminated can entitle you to back pay for the wages you lost while out of a job, significantly improving your chances of recovering higher compensation.
- Type of discrimination: Federal law only allows victims of age discrimination or Equal Pay Act violations to recover back pay and “liquidated damages” equal to their back pay in severe cases.
- Employer size: Federal compensation limits vary greatly depending on the number of employees at your company.
- History of violations: If your employer has previously faced complaints for similar issues, you may have a higher chance of receiving punitive damages.
- Available evidence: Hard proof of discrimination, such as written messages, can make it easier to secure a larger settlement.
- State laws: While most damages for federal discrimination law violations are limited, some state discrimination laws are more lenient, providing additional avenues for recovering compensation.
What Types of Damages Can You Recover in a Workplace Discrimination Case?
Compensation for workplace discrimination can come in the form of multiple types of damages:
- Economic damages: These cover lost income and other out-of-pocket costs you’ve incurred due to discrimination.
- Non-economic damages: These compensate for emotional distress and other impacts on your life and mental health resulting from discrimination.
- Punitive damages: A court may award punitive damages to penalize employers for egregious, repeated incidents of discrimination.
- Attorney fees: You can often recover compensation for your legal costs after pursuing a successful discrimination claim.
The types of damages available and the overall amount of compensation you can recover will vary greatly from case to case. Consulting with our knowledgeable employment lawyers can help you get a rough estimate of how much you can sue for discrimination.
How Do Federal Damage Caps Influence Discrimination Claims?
There is no cap on damages for a racial discrimination case brought under 42 U.S.C. § 1981. However, several of the other laws enforced by the U.S. Equal Employment Opportunity Commission have limits on the amount of damages recoverable through a discrimination lawsuit. These laws include the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964.
For claims brought under these laws, there are no limits on your past pecuniary losses. However, federal law does limit the amount you can recover for future pecuniary losses, pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, other non-economic losses, and punitive damages. The damages caps depend on the size of your employer, as follows:
- $50,000 for companies with 15 to 100 employees
- $100,000 for companies with 101 to 200 employees
- $200,000 for companies with 201-500 employees
- $300,000 for companies with 501 or more employees
Additionally, while certain damages are capped under federal discrimination law, state laws may also provide opportunities to obtain further compensation.
How Can You Prove a Discrimination Claim?
Once you start noticing discrimination in your workplace, it’s important to start documenting your experiences immediately and gather as much evidence as you can. Key types of evidence that can help prove your discrimination claims include:
- Personal notes: Taking detailed notes after each incident of discrimination can help corroborate your claims.
- Written messages: Emails or other written communications detailing discriminatory behavior can serve as hard evidence for your case.
- Relevant records: Negative performance reviews, company handbooks, and other internal documents can help you describe how your employer’s actions deviated from their policies and how it affected you.
- Witness statements: Accounts from coworkers who were present during incidents of discrimination can be a powerful boon to your case.
Since direct proof of blatant discrimination is often rare, circumstantial evidence showing a pattern of being treated unequally compared to your coworkers is vital to proving your claims. Our workplace discrimination attorneys can help you gather key information and use your evidence to build a strong case against your employer.
What Qualifies as Workplace Discrimination?
Under Title VII, illegal workplace discrimination is the harassment or disparate treatment of employees based on federally protected characteristics. Different types of discrimination under federal law include the following:
- Race discrimination
- Gender discrimination, including LGBTQ+ and pregnancy status
- Religious discrimination
- Age discrimination
- Disability discrimination
State and local laws may also provide additional protections against workplace discrimination and other means of holding employers accountable. Unlike federal laws, New York state discrimination laws apply to companies with fewer than 15 employees, and New York City law includes protections for height and weight-based discrimination.
Contact Joseph & Norinsberg For Your Employment Law Cases
The skilled employment law team at Joseph & Norinsberg has more than 100 years of collective experience fighting for the rights of workers like you. We care deeply about standing up for the underdog and working relentlessly until our clients receive the justice they deserve. If you’ve experienced discrimination in the workplace, our attorneys can help protect your rights.
Contact us online or call 212-227-5700 today for a free consultation.
