Damages Available for Discrimination

Jennifer Duke

April 7, 2016

Typically, in a discrimination claim, an employee can seek compensatory damages. These are damages designed to compensate the employee for pain and suffering caused by the discrimination they faced.

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Compensatory Damages

Compensatory damages do not include claims for lost wages or lost promotions and the accompanying higher wages.

Compensatory damages include compensation for loss of enjoyment of life, damage to ones reputation, or the deterioration of ones health as a result of the discrimination suffered.

In order to be awarded compensatory damages, an employee must first prevail in their claim of discrimination.

Once the employee prevails on their claim, the employee will be required to offer proof of the damages they have suffered.

Actually proving one's entitlement to damages can be a difficult task as the claims are often intangible.

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The EEOC is authorized to award the following types of damages:

Lost wages and prejudgment interest (all statutes).
Liquidated/double damages (Title VII and ADA cases involving intentional discrimination).
Punitive damages (Title VII and ADA cases in which the employer acts with reckless disregard of the federally protected rights of the individual).

The sum of punitive damages and future compensatory damages may not exceed the following amounts, per person:

$50,000 for employers with 15-100 employees.
$100,000 for employers with 101-200 employees.
$200,000 for employers with 201-500 employees.
$300,000 for employers with more than 500 employees.

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Keeping Track of Damages

It is important for employees to keep track of their damages and maintain good records.

For example, keeping track of medical documents from the beginning of a claim will allow an employee to prove their claim for damages easily, should they prevail, rather than require the employee to spend time looking through documents, when the employee may only have a short time to provide evidence of their damages.

Melville Johnson, P.C. has extensive experience working with federal employees at every stage of an employment dispute, including developing and proving claims for damages.

If you are facing discrimination, the federal employee attorneys at Melville Johnson, P.C. may be able to help. Call or message us today using the form below to discuss your claim and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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