In a claim against your employer for pregnancy discrimination, you can potentially recover compensation for lost wages, lost future income, emotional distress, attorney fees, and even punitive damages in some cases.
Damages Available in a Pregnancy Discrimination Lawsuit
The types of damages available depend on the specifics of your case, including whether you lost your job, the severity of your employer’s behavior, and more. Damages you can recover in a workplace pregnancy discrimination settlement include the following:
Economic Damages – Back Pay and Front Pay
Economic damages cover any financial losses you suffered. In workplace discrimination cases, this usually comes in the form of back pay, which compensates you for any lost wages and benefits that occurred because of your employer’s actions.
If you have lost your job due to pregnancy discrimination or left your position over the failure to make reasonable accommodations for your pregnancy, reinstatement to your position may be an available remedy. However, if that’s not feasible, you can recover so-called front pay to compensate for wages you would’ve earned without the discrimination.
Emotional Distress and Other Non-Economic Damages
Non-economic damages compensate you for non-monetary impacts on your well-being, such as the emotional distress that comes with being discriminated against for your pregnancy. Examples of non-economic damages include:
- Mental anguish
- Anxiety
- Loss of enjoyment of life
- Damage to your professional reputation
Punitive Damages
In cases where an employer’s actions are particularly severe or intentionally malicious, a court may award punitive damages to penalize the employer and deter future misconduct. While punitive damages are rare, they can provide significant compensation if available.
Attorney Fees, Costs, and Equitable Remedies
You may be able to recover court costs and any fees owed to your lawyers through a successful case, increasing the portion of your overall compensation that goes directly into your pocket.
You can also seek reinstatement, a promotion, or a systemic policy change in your workplace to make you “whole” and prevent further offenses.
How Federal Damage Caps Apply to Pregnancy Discrimination Claims
Federal law under Title VII of the Civil Rights Act of 1964 imposes damage caps that limit the total compensation you can receive in a discrimination case based on the size of your employer. Compensatory and punitive damages for federal pregnancy discrimination claims are capped at as low as $50,000 for a company with 15 to 100 employees. If your employer has 501 or more workers, you can receive a maximum of $300,000 in damages.
However, back pay and front pay are not subject to the federal damage caps, so the total amount of your recoverable compensation may be higher.
Why New York and NYC Law Often Pay More
Both the New York State Human Rights Law, or NYSHRL, and the New York City Human Rights Law, or NYCHRL, provide for broader opportunities to recover compensation for workplace pregnancy discrimination than the federal law does. Notably, they have no caps on total damages.
In particular, the NYCHRL is considered one of the country’s most pro-employee laws. Title VII only applies to companies with 15 or more employees, but the NYCHRL’s enhanced protections extend to all employers with at least four workers.
An experienced NYC discrimination lawyer can help you maximize your damages using deep knowledge of these laws. The Joseph & Norinsberg team has helped hundreds of employees, securing the compensation they deserve for workplace harassment and discrimination.
Factors That Affect the Value of Your Case
The overall value of your claims, including which types of damages you’re entitled to, can vary depending on the specifics of your situation. Factors that can impact the amount of your pregnancy discrimination settlement include:
- The nature of the misconduct you experienced, and how severe it was
- The duration of the discrimination
- The value of your lost wages and benefits
- The size of your employer
- The strength of the evidence against your employer
- Whether your employer has a history of other employment law violations
Talk to a New York Pregnancy Discrimination Lawyer Today
If you’re experiencing pregnancy discrimination in the workplace, don’t suffer in silence for another day. The trusted New York pregnancy discrimination attorneys at Joseph & Norinsberg are ready to fight relentlessly to protect your rights. Our team offers services in English and Spanish, and is committed to treating you with the empathy you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
