Calculating Employment Discrimination Damages

By Gregory Thyberg on June 30, 2019


Gavel and law booksGregory Thyberg is here to help workers throughout Sacramento, CA who have been harassed or discriminated against. This kind of mistreatment is unacceptable, which is why we are so committed to assisting clients with their workplace discrimination cases.

During employment discrimination lawsuits, damages will be sought from the employer who wronged the worker. The team at ThybergLaw would like to discuss these legal damages and offer an overview of how they are calculated.

Types of Legal Damages

If you have been the victim of employment discrimination, there are many potential legal remedies to consider. For people who are not interested in receiving employment from their employer or being reinstated to their job, legal damages can be sought instead.

There are two kinds of legal damages:

  • Compensatory Damages - Compensatory damages refer to damages that cover various financial and material losses associated with an incident. This could include legal bills, lost earnings, emotional pain and suffering, and so forth.
  • Punitive Damages - Punitive damages refer to damages that punish the former employer for their maliciousness and discriminatory practices. They are not attached to actual/material losses.

Compensatory Damages and How They Are Calculated

When calculating compensatory damages, lawyers will note invoices, paychecks, and bills related to the act of discrimination.

If an act of workplace discrimination involved the employee being fired from their job, compensatory damages may estimate lost wages from that position for a given time based on pay stubs prior to termination. If the act of discrimination resulted in depression or emotional distress, compensatory damages may factor in the cost of therapy and counseling.

Punitive Damages and How They Are Calculated

Punitive damages are more complicated since they are not linked to actual losses. Typically a jury will have to consider the nature of the act of discrimination and award punitive damages accordingly.

Similar workplace discrimination lawsuits from the past may be considered to determine the proper amount. Our Sacramento legal team can go over these matters in more detail during the consultation process, and give you an idea of what is a right amount to seek.

Limits on Compensatory and Punitive Damages

There are limits on how much can be sought in legal damages. These amounts will vary based on the size of the company. The Equal Employment Opportunity Commission (EEOC) cites the following limits on legal damages in employment discrimination cases:

  • Employers with 15-100 employees - The limit on damages is $50,000
  • Employers with 101-200 employees - The limit is $100,000
  • Employers with 201-500 employees - The limit is $200,000
  • Employers with more than 500 employees - The limit is $300,000

We Are Here to Help You

Even if you have a legitimate claim of workplace discrimination, going it alone against your employer is extremely difficult. Rather than face that battle on your own, it’s a good idea to work with a skilled employment discrimination attorney. We can go over the evidence in your lawsuit and present a strong case. Whether we negotiate a settlement or take the case all the way to trial, we will stand by you.

Speak with a Workplace Discrimination Lawyer

If you live in the greater Sacramento area and would like more information about your legal rights and protections on the job, be sure to contact a skilled employee discrimination attorney. The team at ThybergLaw can be reached at phone at (916) 204-9173.

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