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2 min read

What Can I Recover in a Workplace Discrimination Lawsuit?

While you may want justice and personal empowerment after experiencing workplace discrimination, you also wonder, "What damages can I recover if I prevail in a workplace discrimination lawsuit?"

When discriminatory acts violate your legal employment rights, you have the legal right to compensation for losses due to that discrimination. Various types of damages, monetary awards, can be awarded.

If you believe you have been a victim of workplace discrimination, you should know about the potential damages you may be entitled to recover if you decide to pursue legal action.

Compensatory Damages in a Workplace Discrimination Lawsuit

Compensatory damages are intended to compensate the victim for the harm they suffered due to discrimination. These damages can be both economic and non-economic in nature.

Economic compensatory damages cover tangible losses such as lost wages, medical expenses, and other financial hardships directly related to the discrimination.

On the other hand, non-economic compensatory damages encompass intangible losses such as emotional distress, pain and suffering, loss of enjoyment of life, and damage to reputation.

The exact amount awarded will depend on various factors, including the severity and duration of the discrimination.

Back Pay

Back pay is an essential part of the damages awarded in discrimination cases. It refers to the wages and benefits you would have earned had the discrimination not occurred.

This can include the money you lost due to being wrongfully terminated, demoted, or denied promotions or raises. The amount is calculated from the date of the discrimination to the date of receiving the judgment in your favor.

Front Pay

Front pay, conversely, is the compensation awarded for expected future earnings lost as a direct result of the discrimination. It considers the potential income you would have received if you had not been subjected to discriminatory practices.

Lost Benefits

In addition to lost wages, damages from workplace discrimination may include the value of lost benefits such as health care insurance, dental insurance, 401k plans, employee stock options, profit sharing, etc.

Emotional Harm

Depending on your situation, you may also be entitled to damages to compensate for emotional distress — or pain and suffering —caused by the workplace discrimination you experienced.

Punitive Damages

In some cases, the court may also award you punitive damages, which are specifically intended to punish the employer for discriminatory conduct that is particularly egregious, willful, or malicious.

Punitive damages are intended to send a strong message that discriminatory behavior will not be tolerated and deter future violations.

Attorney's Fees and Court Costs

If you prevail in a workplace discrimination lawsuit, you also may be entitled to have your attorney's fees and court costs covered by the defendant.

This provision helps ensure that victims of workplace discrimination have access to legal representation, regardless of their financial circumstances. It also serves as a deterrent to employers engaging in discriminatory practices, as they may be required to bear the financial burden of the litigation if found guilty.

Recovering Damages in a Workplace Discrimination Lawsuit

Workplace discrimination can be stressful and even devastating. You have the right to seek compensation for the harm and loss you endured.

To determine just what damages you may be able to recover if you prevail in a workplace discrimination lawsuit, it is essential to consult with an experienced Labor and Employment law attorney who can evaluate your case, guide you through the legal process, and help you fight for your rights.

We invite you to get a free consultation with the Labor and Employment Law Legal Team here at Whitcomb Selinsky, PC. Call (866) 433-4116 or click here to use our convenient online form to tell us how we can help.