Workplace Discrimination: What You Can Collect If You Win
The world is seeing a shift in the way that companies are hiring top talents. During the COVID-19 pandemic, many employees have been forced to work from home. But, working from home doesn’t protect anyone from experiencing discrimination.
There are many types of workplace discrimination, from sexism, ageism, racial discrimination, disability discrimination, and even retaliation discrimination. No matter what it is, it’s illegal to discriminate in hiring or firing an employee or choosing the right staff for promotion or referrals. Yet, discrimination in the workplace is more common than we would like to believe.
You may have witnessed your co-worker being mistreated because of their skin color, or you may have experienced such discrimination yourself. These situations can disrupt and severely damage a victim’s professional and personal life. If you or someone you know is a victim of workplace discrimination, a workplace discrimination lawyer can help you obtain justice and compensation. If you win your case, you are entitled to collect the following types of damages listed below.
Back pay refers to missed wages and benefits resulting from wrongful termination or other discrimination acts. The amount that the employer owes the employee is calculated based on the date of the discriminatory act to the date the jury ruled in the victim’s favor. For example, the court found that an employer terminated someone because of their gender. The victim will be able to collect the wages they would have earned if they were not fired. But if the employee accepts an unconditional offer of reinstatement to their former or similar position, then the employer can end the back pay.
If you hire a attorney and succeed in your case, you may be able to seek front pay damages. Like back pay, front pay intends to compensate the victim so that the discrimination never happened. However, this is only warded when the employer can’t offer reinstatement because the position has been filled or eliminated. With no employment opportunity to turn down, that also means there’s no chance for front pay to be terminated. There’s no precise formula for front pay, so the court has to determine the amount based on factors like employment duration.
Employees who win a workplace discrimination lawsuit may also collect the value of lost job benefits. These benefits may include pension or 401k plans, health care coverage, dental and vision insurance, stock options, and other profit-sharing plans. Calculating the value of all lost benefits can be difficult, but an employment lawyer will be able to help you receive the best deal.
Emotional Distress Damages
Claims for emotional distress in the workplace may cover a broad range of injury that impacts an employee’s daily life. It can include mental anguish, harm to reputation, sleep loss, stress on relationships, and even diagnosed psychiatric conditions like depression and anxiety. To win the lawsuit, you will likely need to prove to the court that you suffered emotional or mental injuries due to discrimination. The amount of such damages that you can collect is up to the jury. But your lawyer should be able to give you an estimate of the possible award based on similar cases.
Punitive damages can be awarded to victims facing retaliation discrimination. It is intended to punish or make an example of a company or employer, thereby discouraging similar discriminatory conduct in the future. It’s not easy to win punitive damages since the employee must satisfy a significant burden of proof at trial. Similar to emotional distress cases, the amount you can collect from such damages is difficult to quantify in advance since it’s up to the jury.
Aside from the damages you can collect for your injuries; the court can also award you attorney fees for your lawsuit. That means that the employer or company guilty of the discriminatory act will have to pay for your lawyer’s fees. This award is beneficial to plaintiffs of a workplace discrimination case since it means the fees will no longer cut to their monetary recovery.
Consult With an Experienced Lawyer
If you’re considering filing a workplace discrimination lawsuit, speak with a knowledgeable and experienced lawyer to learn what kind of damages you will be able to collect. Many companies know that discrimination is illegal, but they also know how to hide it well. With the best employment discrimination attorney, you will be able to get the justice and compensation you deserve.
Any mistreatment towards a protected class because of their belonging to a protected group. This can include discrimination in hiring, firing, promoting or any other terms or conditions of the workplace
Harassment, refusal to hire or promote based on the person belonging to a protected group . Terminating an employee on in retaliation or for belonging to a protected group.
Discrimination based on “protected characteristics”. This includes refusing to hire or promote an employee for being too old or being a woman.
Yelling at you in front of others in itself is not illegal.
it can cause health issues for the affected employees and financial and morale issues for the employer