Workplace discrimination is common and victims can file a discrimination lawsuit against their offender. If you are the plaintiff, you have the burden of proof. Thus, you should show evidence discrimination is happening in your workplace. Typically, the compensation amount you can recover from this lawsuit depends on how serious the discriminatory practice is and its nature. A consultation with a discrimination attorney from The Law Office of Jeffrey A. Goldberg allows you to understand your legal options and rights.
Damages You Can Seek
The following are the kinds of damages you can seek in your employment discrimination case:
- Front pay. This compensates you for the earnings you may lose in the future because of the discrimination.
- Back pay. This is compensation for lost earnings caused by discrimination. This starts from the date the discrimination began to the date you get a settlement or court judgment.
- Lost benefits. These benefits include pension or 401k plans, health care coverage, as well as dental and vision coverage. Your attorney can quantify these benefits’ value by consulting with qualified experts.
- Legal fees. Through your lawsuit, you may also get compensation for attorney’s fees, which means these fees will not cut into your financial recovery. Often, employment lawyers take a percentage of the amount they can recover on your behalf as fees.
- Punitive damages. These damages are meant to punish the defendant for discriminating against another person in the future. The jury will decide on the exact amount of these damages.
Pursuing Damages for Emotional Distress
Because of employment discrimination, you may also suffer from emotional distress, which can include issues such as anxiety, depression, strained relationships, inability to sleep, and loss of life’s enjoyment. To secure damages for your pain and suffering, you need to prove the discriminatory behavior of your employer harmed you emotionally. When you assess the extent of damages for emotional distress, you must take into account issues such as the seriousness of the discrimination, how long the discrimination lasted, the seriousness and duration of your emotional pain, and whether or not you seek professional treatment or counseling.
To prove that you sustain emotional distress on the job because of discrimination, you may have to present evidence. For instance, you may need to give medical evidence or testimony from a counselor, psychologist, or psychiatrist who can verify your claim. But you don’t need to bring a medical expert to court to testify at your trial. You can tell the jury about how you experience emotional distress. Through this testimony, the jury can understand the effect of workplace discrimination on your psyche and general well-being.