A discrimination charge can have various outcomes. The court may award you with a specific settlement amount in compensation.
Your workplace may also give you a settlement offer to ensure the case doesn’t go to court. If you don’t know what to ask for in a discrimination settlement, the company may fool you by offering a lowball amount.
The good news is you don’t have to worry about knowing what to ask for in a discrimination settlement. Below we have detailed everything.
What Types Of Discrimination Settlement Options Can You Get?
Workplace discrimination can cause you emotional suffering or financial losses. For instance, the company may reduce your salary in retaliation for filing a complaint with the HR department.
Racism and sexual harassment can also lead to mental health issues. This is why the Civil Rights Act protects workers by helping them receive compensation in the form of:
1. Economic Damages
The top type of discrimination settlement you will receive is for economic damages. These include any financial losses you suffered because of workplace bias.
For instance, your bosses may be giving you a lesser salary than your male colleagues due to gender discrimination. The pay disparity will cause you to suffer a loss of wages.
Other financial benefits are also covered by this settlement. A prime example of this is not getting a bonus due to race, sexuality, or other discriminatory reasons.
Some companies also don’t offer pension or savings schemes to workers above the age of 40. These workplaces are said to be engaging in age discrimination.
The monetary losses due to lack of access to these schemes also come under economic damages. A key feature of this type of settlement is to offer financial relief to discrimination victims.
If you file a complaint within your company and the bosses retaliate by cutting your salary that is also included in economic damages. You may consult a lawyer to understand what to ask for in a discrimination settlement.
2. Non-Economic Damages
Non-economic damages are the top discrimination settlement option for workplace discrimination cases such as sexual harassment and unfair treatment. Such a settlement compensates workers for non-monetary losses.
This means any emotional suffering you experience because of workplace discrimination will come under non-economic damages. You may be suffering from anxiety because of a manager’s unreasonable demands such as sexual favors.
Your colleagues may also be spreading false rumors about you to decrease your credibility in the company. This can cause you to suffer from depression or feel hopeless.
Many people suffering from emotional distress resort to alcohol or drugs for relief. Such employees may have to admit themselves in rehab to get better.
However, they may not have the funds for recovery. In such cases, this type of settlement is useful. The compensation you receive for emotional suffering will help you pave the road to recovery.
The court may ask the company to cover your rehab or hospital bills additionally apart from the settlement amount. A workplace discrimination lawyer may help you understand this option better.
3. Punitive Damages
Acts of discrimination can range from comments on one’s appearance to malicious acts such as violence. The latter involves serious crimes that are punishable by law.
If a company engages in reckless acts of bias, they must be punished. That is why punitive damages have been created. The purpose of this discrimination settlement option is to hold your bosses accountable.
For example, a boss who has sexually harassed you may be punished with jail time and a settlement amount in punitive damages. This means they will have to pay you the compensation the judge awards you within the case.
They will also serve the relevant jail time in punitive damages. Such strict punishments are given to ensure the perpetrator doesn’t repeat the act. It also sets examples for other employers who engage in hostile behavior.
4. Fees And Other Expenses
This settlement option may be called compensatory damages in some cases. The primary feature of these damages is to offer you relief from out-of-pocket expenses.
For example, the money you spend on hiring a lawyer will come under these damages. Any costs related to finding a new job are covered by compensatory damages.
Other expenses that are covered by this settlement option include:
- Court expenses
- Conduct money for witnesses
- The overall cost of a lawsuit
A judge will consider various factors to calculate the amount you must receive for fees and other expenses. If you’re negotiating with the employer yourself, a consultation with a lawyer would help you.
Workplace discrimination lawyers can accurately calculate the worth of your claim to help you get the deserving compensation.
5. Job Placement
Some people face discrimination while working for a specific company. Meanwhile, others experience bias during the recruitment process. This means they may lose out on a job because of the recruiter’s prejudices.
The EEOC can help such people get the same job if they find the employer guilty of discrimination. This means you’ll have to prove you were not hired because of bias.
Some people working for a company may also lose a promotion due to discrimination. The EEOC can help these people get the rightful benefit once their employer is proven guilty.
The government will also ensure that the employer doesn’t engage in discriminatory behavior in the future. So your charge of discrimination may bring a positive change in the entire company.
Such settlement offers are mainly remedy options for discriminatory behavior against you.
Discrimination Settlement In Florida: What Can You Get?
The average discrimination compensation in Florida ranges from $5,000 to $80,000. Your exact settlement amount will depend on the type of your case.
For example, acts such as sexual harassment are serious and may be awarded with a higher settlement if proven. Meanwhile, acts involving negative verbal comments against you are relatively less severe.
That is why what to ask for in a discrimination settlement in Florida will depend on various factors.
Damages For Emotional Distress Because Of Workplace Discrimination
Emotional distress due to discrimination can occur in different forms. You may suffer from:
- Depression
- Anxiety
- Fatigue
- Insomnia
- Suicidal tendencies
- Loss of enjoyment in life
- Strained family relationships
- Loss of reputation
These are only a few forms of emotional distress, but they are highly important. You may also suffer from something that is not in the list above, which is completely okay.
Every person suffers differently and the court of law understands this. To receive compensation for emotional suffering, you must prove the distress you’ve experienced.
You can consider the following factors to evaluate your emotional suffering better:
- The severity of the injustice
- Duration of the discriminatory behavior
- Severity and time period of the emotional suffering
- Did you receive any treatment for the distress?
These factors can help you calculate what to ask for in a discrimination settlement.
What Is Your Discrimination Case Worth: Factors That Affect Discrimination Settlement Amounts
What to ask for in a discrimination settlement may be difficult if you don’t know the factors that affect settlement offers. So let’s look at the things that will affect your case’s worth:
1. Strength Of Evidence
The strength of evidence is one of the top factors that affect what to ask for in a discrimination settlement. If you have solid proof of workplace injustices, you can get a greater amount of compensation.
Your employer may approach you with a deserving settlement offer if they know the evidence you have is solid. Many companies pay a significant sum to ensure the case doesn’t go to trial.
Such methods save the company’s reputation from damage. This is why you must collect evidence thoroughly before filing a case. A common tip many victims of discrimination follow is keeping a record of their unfair treatment.
You may note down dates and details of discrimination incidents you have suffered. This can help government agencies investigate the claim most efficiently.
Hiring a lawyer will also be beneficial because they will conduct their own investigation to collect evidence. The stronger proof you have, the greater will be your rightful settlement.
2. Extent Of Damages
The extent of damage is one of the most important factors of what to ask for in a discrimination settlement. Serious acts are punishable with financial compensation and imprisonment.
The details of incidents you’ve experienced will be most important for evaluating the extent of damages. Violent acts such as a manager making you fall have a higher case worth.
That is because such acts include settlement for medical expenses, emotional suffering, and other things. Meanwhile, minor discriminatory acts such as a colleague calling you “Black” on a few occasions may not have significant worth.
This is why you must note down the details of every act of discrimination you suffered from. Then, set up a consultation with a workplace lawyer.
Discussing the incident details with the lawyer will help them determine the worth of your case. The attorney will guide you on which incidents you should pursue for compensation.
Another thing that affects this factor is the severity of the damages. Sometimes an act may have been done once, but it may be so serious that you can receive significant compensation for it.
3. Previous History Of Discrimination
Your employer’s history of discrimination will significantly affect your case’s worth. A company that has been found guilty of bias for the first time may not have to pay high compensation.
That is because first-time offenders are let go easily by courts. However, employers with a repeated discrimination history are liable for serious punishments.
Investigating the company may help you learn about previous discrimination incidents. This is especially true if you’re new to the company.
If you’ve been working for the employer for a long time, you may have witnessed acts of discrimination against other workers firsthand. Remember to note down the details of such events because they can help your case later.
Sometimes an employer may not be engaging in direct discrimination. However, they may be encouraging the behavior by ignoring complaints and allowing discriminatory conduct to take place.
Proving these things will make your case strong and help you determine what to ask for in a discrimination settlement.
4. The Employer’s Ability To Pay Compensation
A factor that affects discrimination settlement amounts is your employer’s ability to pay the compensation. The court will always check various aspects of your company such as the number of employees it has.
These things allow a judge to determine whether the employer can pay your rightful settlement or not. It also helps them understand if any max cap applies to the compensation.
The EEOC has put the following caps on employers as per their company size:
- $50,000 limit for employers with 15 to 100 workers
- $100,000 cap for companies with 101 to 200 employees
- $200,000 limit for workplaces with 200 to 300 workers
- $500,000 cap for companies with more than 500 employees
Sometimes a company may pretend that they’ll go bankrupt if they pay the complete settlement. Investigating the ability of the company to pay you will be helpful in this case.
If you can prove the employer’s financial stability, the court will ensure they pay you the maximum settlement for your case. An expert lawyer in Florida will help you in such investigations.
Can You Win A Discrimination Case: What Are Your Odds?
A Harvard study shows that workers win discrimination lawsuits against their workplaces only 15% of the time. However, that doesn’t mean you can’t win a case.
The chance may be minute, but it is still significant enough to encourage you to take action against your employer. Public awareness about discrimination has also increased over the last decade.
This means the odds of winning the case have increased with time. You can pursue a case by hiring an expert lawyer to help you.
If you ensure the factors for achieving high discrimination settlement amounts, you can easily win the case.
The top thing you must be able to prove is the discrimination act and the perpetrator behind it.
How Much To Ask For During A Discrimination Case?
There is no specific answer on what to ask for in a discrimination settlement. The amount will vary, depending on each case.
Typically, the average EEOC lawsuit payout is $40,000 for most discrimination cases. However, the number can increase to an amount of seven figures easily for severe cases.
For example, cases of wrongful termination can include a settlement of about $1 million. The complete details of the incident affect the compensation amount significantly.
You can understand what to ask for in a discrimination settlement by consulting a lawyer. The evidence you have will determine whether you can pursue a case or not.
Meanwhile, the extent of damages can help the lawyer calculate the worth of your case. Be sure to let the attorney know all out-of-pocket expenses you suffered because of discrimination.
The lawyer may also consider costs for future job searches in the compensation if you’re still looking for employment.
FAQs
How Do I Get Compensation For Discrimination?
You can get compensation for discrimination by filing a charge with a relevant government agency. The EEOC handles federal law violations in Florida and other US states.
Meanwhile, the Florida Commission on Human Relations (FHCR) handles discrimination complaints that violate state laws. Once you prove your claim, you can receive compensation easily.
What Is The Most Common Discrimination Claim?
Gender discrimination is the most common claim that courts handle. Females are usually the ones who file a charge, while male employers defend themselves. Another common discrimination claim is racial bias in which Black employees are put at a disadvantage.
How Do You Handle A Discrimination Complaint?
You can handle a discrimination complaint by hiring a lawyer to help you understand state and federal laws. With their help, you can file a charge with the relevant government agency and start a lawsuit.
The lawyer will also fight your case in court if it goes to trial to help you receive compensation.
What To Ask For In A Discrimination Settlement In Florida?
Determining what to ask for in a discrimination settlement is difficult because every case is different. You should always consider the general factors that affect the worth of the lawsuit. These will help you calculate the amount you must receive accurately.
Contact An Attorney When Opting For Discrimination Settlement
That was all you had to know about what to ask for in a discrimination settlement. The exact amount is not fixed and there is no specific formula for these things.
Typically, consulting a lawyer will help you determine what to ask for in a discrimination settlement. Workplace discrimination attorneys with high experience can use their knowledge to understand your case. They can then estimate your rightful compensation by considering your monetary losses, emotional suffering, court expenses, and more. So be sure to phone us today to meet our expert lawyers.
