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There is no average settlement for employment discrimination. Every case is different. The results of one case cannot be used to determine the settlement of another case.
However, there is a standard formula used to help determine what a case is worth. This formula can help you determine your case’s value and what type of relief to request from the courts or the settlement negotiations. According to you, your employer, and the court or jury, the compensation you receive for a case is directly related to the case value.
Employment discrimination occurs when an employee or job applicant gets targeted for negative employment actions and harassment because of protected class status.
The law prohibits employers, supervisors, managers, coworkers, and nonemployees from committing acts of race discrimination, gender discrimination, religious discrimination, national origin discrimination, age discrimination, disability discrimination, color discrimination, and any other forms of discrimination based on your protected class.
The law also prohibits you from getting fired from work or experiencing other acts of retaliation in an act of discrimination or punishment for reporting discrimination.
The first question in any case is who is responsible? Was your manager or supervisor the person harassing you? Did company policy violate employment discrimination laws? Did your employer know your coworker was harassing you and did nothing to prevent it?
If you answer yes to these questions, your employer is responsible for the discrimination you suffered in the workplace. Your employer’s obligation to all employees and job applicants is to provide a safe workplace free from any form of discrimination. Once we determine your employer is responsible for your claim, we can determine how much your case is worth.
Several factors determine your compensation for your employment discrimination claims. Compensatory damages play a significant role in the relief you will receive for your case. Compensatory damages include:
Pain and Suffering and Emotional Distress
Your state of mind and the physical issues caused by workplace discrimination are factors in this process. If you lost sleep, suffered flashbacks, or had physical ailments as a result of the discrimination or harassment, you will likely have a higher request for relief for your claim. The following examples of pain and suffering or emotional distress can play a significant role in achieving a larger settlement:
Punitive damages also determine damages for your case. Punitive damages punish the employer to prevent this behavior from occurring again. The more money an employer has, the higher the punitive damages are. However, the constitutional limit for punitive damages is nine times the compensatory damages discussed above.
Attorneys’ fees and court costs also factor into the settlement process. Your attorney adds his fees to the list of damages. Your employer must pay these fees when you win your case. Costs, such as expert witnesses, court filing fees, deposition fees, and other expenses you incurred, are added to your case’s remedies.
Claims for gender discrimination under Title VII are filed with the Equal Employment Opportunity Commission (EEOC). However, if you file your claim under the Equal Pay Act, you can file your claim directly in federal court. To determine what laws best suit your claim for wage inequality, consult with an experienced employment lawyer.
Claims for gender discrimination under Title VII are filed with the Equal Employment Opportunity Commission (EEOC). However, if you file your claim under the Equal Pay Act, you can file your claim directly in federal court.
To determine what laws best suit your claim for wage inequality, consult with an experienced employment lawyer.
The Equal Pay Act provides a time limit of two years from the date of the last unequal paycheck to file your complaint. If your employer willfully violated the law, the statute of limitations becomes three years.
Every time a paycheck is issued in violation of the law, the statute of limitations starts again. Therefore, your time limit does not begin until the problem is corrected or you no longer work for the employer.
Title VII Statute of Limitations
To file a claim under Title VII, the EEOC requires you to file your claim within 180 days. If your state has laws prohibiting gender discrimination at work, the EEOC statute of limitations gets extended to 300 days.
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View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
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Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
Before you request any relief or compensation from your employer or the courts, you should know what your case is worth. You should also understand the formula used to determine compensation for your employment discrimination claim.
An experienced employment lawyer can guide you through the process of preparing your demand letter for court. They can guide you through settlement to help you understand why you should request a specific dollar amount and what would be an acceptable settlement amount to end your claim.
No two cases are the same. Therefore, there is no such thing as an average settlement for a discrimination case. However, there is a way to determine the compensation you deserve. If you are the victim of discrimination in the workplace, the experienced lawyers at the Derek Smith Law Group can help.
Did You Experience Discrimination in the Workplace? Do You Want to Know More About the Settlement You Can Expect from Your Claim? Please Call Us at 800.807.2209 for a Free Consultation to Learn More About Your Settlement Options.
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