Victims of workplace discrimination can recover a variety of damages, including back pay, front pay, and compensation for emotional distress. The damages available and value of each case depend on the specific facts and circumstances, including whether the claim is based on federal, New York State, or New York City law.
Overview of Damages in Workplace Discrimination Cases
Under employment law, discrimination victims can seek compensation for the financial and personal losses they’ve suffered due to the violations of their rights. Damages are generally categorized as either economic or non-economic, depending on whether they have a definite monetary value.
Employment law aims to make victims whole by restoring them as close as possible to the position they were in before their rights were violated. In general, the more your workplace discrimination has impacted your life, the greater the damages you may be entitled to.
Economic Damages
Economic damages are financial costs, losses, and burdens that you’re dealing with as a direct result of your workplace harassment. These can include:
Back Pay
Back pay compensates you for the wages, overtime pay, and bonuses you’ve lost due to workplace discrimination. Back pay may result from any negative employment action, including termination, demotion, reduced hours, or missing out on a promotion. You can typically recover back pay for the period between the discriminatory action and the resolution of your claim.
Front Pay
Front pay, in contrast, compensates for future income you won’t receive because of losing or leaving your position over workplace discrimination. Front pay is usually awarded when reinstating the victim to their position isn’t a viable option.
Lost Benefits
Back pay may also compensate you for the inconvenience and hardship caused by losing access to benefits as a result of workplace discrimination, including health insurance, commissions, retirement contributions, stock options, and more.
Non-Economic Damages
Non-economic damages are impacts on your personal life and well-being that don’t have a specific financial value. In workplace discrimination cases, you can recover non-economic damages for emotional distress caused by your experiences.
The New York City Human Rights Law and other statutes give you the right to pursue compensation for emotional harms like stress, anxiety, humiliation, and reputational harm caused by workplace discrimination. However, you must prove that the discriminatory action was illegal and that it resulted in documented, serious emotional harm. This typically requires a diagnosis from a mental health professional.
Can I Receive Punitive Damages for Workplace Discrimination?
Punitive damages aim to penalize a defendant for particularly egregious behavior and deter future misconduct. They are available in some workplace discrimination claims. However, they are generally limited to rare circumstances where the employer has acted maliciously or recklessly.
Are There Caps on Damages in New York?
Federal employment law caps the amount of punitive and compensatory damages you can receive in a workplace discrimination lawsuit based on the number of workers your company employs. However, there are no statutory limits on damages under New York state or city law, potentially allowing for greater compensation.
Attorney’s Fees and Costs
Workplace discrimination victims may also be entitled to recover their attorney’s fees and other litigation costs. Most employment lawyers work on a contingency fee basis, meaning they charge no fees up front and keep a percentage of their clients’ winnings to cover their pay and expenses. Winning these costs from your employer can significantly increase the value of your total compensation by allowing you to keep a greater portion of your damages.
Federal vs. New York Discrimination Laws
While federal law provides strong anti-discrimination protections for workers, New York’s state and city laws are even more expansive. They also generally include lower barriers to pursuing a claim, giving you an easier path to a potential recovery.
Title VII of the Civil Rights Act of 1964
This landmark federal law prohibits employment discrimination based on various protected characteristics, including race, sex, and religion. However, Title VII protections only apply to employers with 15 or more workers, and you must file a complaint with the U.S. Equal Employment Opportunity Commission before you can file a workplace discrimination lawsuit.
New York State Human Rights Law
The NYSHRL improves upon the protections provided by Title VII, explicitly prohibiting discrimination based on sexual orientation and gender identity and applying to almost all employers in the state. The burden of proof for establishing that illegal harassment gave rise to a hostile work environment is also lower than under Title VII’s “severe or pervasive” standard.
New York City Human Rights Law
The NYCHRL goes even further than state law, extending its protections to independent contractors and freelancers. It also prohibits discrimination based on weight and other aspects of a worker’s physical appearance.
What Factors Affect the Value of a Workplace Discrimination Case?
Every workplace discrimination case is based on unique circumstances, such as the following, all of which can impact the value of recoverable damages:
- Severity of misconduct: The more severe the discriminatory actions are, the greater the damages you can recover.
- Time missed at work: The amount of back pay you’re entitled to depends on how long you’ve been away from your job because of workplace discrimination.
- Strength of evidence: Workplace discrimination can be difficult to prove, so having clear and convincing evidence of discriminatory intent can lead to greater damages and a quicker resolution to your case.
- Mitigation efforts: If you exhausted all your internal options for resolving the situation before making a workplace discrimination claim, you may have an easier time establishing your employer’s culpability, giving you a stronger case.
- Employer’s size: If you’re pursuing a claim under federal law, the number of employees your employer has will influence the maximum amount of compensatory and punitive damages you can receive.
- Jurisdiction: New York state and city laws have lower burdens of proof for establishing illegal workplace harassment.
Can I Still Recover Damages if I Wasn’t Fired?
Despite common misconceptions, wrongful termination is not a requirement for a workplace discrimination claim. Any unfavorable treatment or negative employment decisions made primarily because of a worker’s protected characteristics can be workplace discrimination, from getting fired to having your shift changed or being passed over for a promotion.
Our trusted New York workplace discrimination lawyers can help you pursue all available grounds for compensation, whether through an administrative investigation or a civil lawsuit.
Speak with an Experienced New York Workplace Discrimination Lawyer for a Free Consultation
If you need help filing a workplace discrimination lawsuit, the skilled legal team at Joseph & Norinsberg can help you pursue justice and recover the damages you deserve.
Contact us online or call (212) 227-5700 today to schedule a free consultation.
