Every Discrimination Case Uses a Similar Formula to Determine Compensation.
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.
What Is Employment Discrimination?
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.
Is Your Employer Liable for Any Discrimination You Experience at Work?
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.
What Are the Main Losses That Affect Your Relief Request?
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:
- Lost wages (back pay and future lost pay)
- Medical fees
- Out-of-pocket insurance premiums
- Pain and Suffering
- Emotional distress
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:
- Sleepless nights
- Migraines
- The Need for medications, such as anti-anxiety medications or antidepressants
- The Need for sleeping medication
- Suicidal thoughts
- Flashbacks
- PTSD
How Do Punitive Damages Help Decide Your Compensation for Your Employment Discrimination Claim?
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.
What Other Fees and Expenses Help Determine Your Employment Discrimination Settlement?
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.
How Can an Employment Discrimination Lawyer Help You Request Compensation for Your Claim?
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.
Contact Our Experienced Employment Discrimination Attorneys for Your Free Consultation
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.