If you have experienced discrimination at work, you might be considering a settlement to resolve your case. Knowing what to ask for in a discrimination settlement is crucial to ensure you receive fair compensation. Settlements can cover more than just financial compensation—they can also include non-monetary benefits like changes to workplace policies.
If you need help navigating the complex process of reaching a settlement, contact Rissmiller PLLC. We can provide you with skilled guidance and legal advice. Our experienced team is committed to helping you receive the compensation you deserve.
How Are Discrimination Settlement Amounts Calculated?
When negotiating a discrimination lawsuit settlement, several factors come into play. Each case is unique, but there are common elements that determine the value of your settlement. The following is a breakdown of key points that influence discrimination settlement amounts.
Lost Wages and Benefits
One of the largest components of a discrimination settlement is typically lost wages. If the discrimination caused you to lose your job, be demoted, or miss out on promotions, you may be entitled to recover your lost income, including:
- Back pay—wages you would have earned if the discrimination hadn’t happened;
- Future pay—compensation for lost wages if you remain unemployed or underpaid due to the discrimination; and
- Lost benefits—health insurance, retirement contributions, and other employment benefits you missed out on.
Recovering lost wages and benefits ensures you receive compensation for the financial impact of workplace discrimination.
Emotional Distress and Mental Anguish
Discrimination often causes significant emotional harm. Courts may award damages for the stress, anxiety, and depression you endured. The amount can vary depending on the severity of your emotional suffering. This aspect of the settlement can be harder to quantify, but it’s still an important consideration in your settlement.
Legal Fees and Court Costs
If you filed a lawsuit, your settlement should cover the legal expenses you incurred. These expenses include attorneys’ fees, filing costs, and other expenses related to bringing your case to court.
Punitive Damages
In some cases, you may be eligible for punitive damages. These damages punish the employer for particularly egregious behavior and to deter them from discriminating in the future. However, not every case qualifies for punitive damages, as they are reserved for more severe situations.
Job Reinstatement or Policy Changes
Non-monetary remedies can also be part of your discrimination settlement. You might ask for reinstatement if you want to return to your job. You can also negotiate for changes to the company’s policies or training programs to ensure a more inclusive and fair workplace in the future.
What Is the Average Discrimination Settlement?
The average discrimination settlement can range widely depending on the case’s specifics. Factors such as the type of discrimination–whether based on race, gender, disability, or another protected characteristic–the severity of the misconduct, and the strength of the evidence all play significant roles in determining settlement amounts.
While it’s difficult to estimate settlement value early in a case, settlements can range from several thousand dollars for less severe cases to hundreds of thousands or even millions of dollars in cases involving egregious conduct or significant damages. For example, according to the Equal Employment Opportunity Commission (EEOC), the median monetary benefit for claimants in employment discrimination cases was around $40,000 in recent years. However, this figure can be much higher in cases with substantial lost wages or severe emotional distress.
Understanding the average settlement in discrimination cases similar to yours can help guide your expectations. However, keep in mind that any settlement in your case will be determined by the specific facts involved. It’s crucial to consult with an experienced discrimination at work attorney who can evaluate the specifics of your situation and provide a more accurate estimate of potential settlement values based on similar cases.
Negotiating a Discrimination Settlement
Negotiating a discrimination settlement for a fair result takes preparation and strategy. Here are some tips to help you during negotiations.
Understand Your Worth
Before you enter settlement discussions, it’s essential to understand the full value of your claim. This includes calculating your lost wages, emotional damages, and other financial or non-financial losses. Being clear about what you want will help you avoid settling for less than you deserve.
Gather Strong Evidence
The stronger your case, the more negotiating power you have. Gather evidence that shows the discrimination you faced. This might include:
- Emails, texts, or other communications that demonstrate discriminatory behavior;
- Witness statements from coworkers;
- Performance reviews that changed after the discrimination occurred; and
- Medical records detailing emotional distress caused by the discrimination.
Be Ready to Compromise
While you should aim for a fair settlement, be open to compromise. Most employers are willing to negotiate to avoid the potential for lengthy and expensive litigation. You may not get everything you ask for, but being flexible can help you reach an agreement that satisfies both parties.
Get Professional Help
Negotiating a settlement can be intimidating, especially when dealing with a powerful employer. Hiring an experienced employment attorney can significantly improve your chances of a favorable outcome. Legal professionals understand how to negotiate effectively and know how much your claim is worth based on previous cases. At Rissmiller PLLC, our team will fight to get you the settlement you deserve while providing unmatched client service and support.
Federal Laws That May Apply in Your Discrimination Lawsuit Settlement
Several federal laws protect against workplace discrimination and can impact your discrimination lawsuit settlement, including:
- Title VII of the Civil Rights Act of 1964—prohibits discrimination based on race, color, religion, sex, or national origin;
- Americans with Disabilities Act (ADA)—protects individuals with disabilities and requires reasonable accommodations;
- Age Discrimination in Employment Act (ADEA)—prohibits age-based discrimination against workers over 40;
- Equal Pay Act (EPA)—ensures equal pay for equal work, regardless of gender; and
- Pregnancy Discrimination Act (PDA)—prevents discrimination based on pregnancy and related conditions.
Violations of these laws can lead to settlements that cover lost wages, emotional distress, and, in some cases, punitive damages. Understanding which laws apply can strengthen your case and lead to better settlement negotiations. An attorney can provide guidance on how these laws impact your claim.
Call Rissmiller PLLC to Secure the Settlement You Deserve
Understanding what to ask for in a discrimination settlement is key to ensuring you receive the compensation you deserve. Effective negotiation requires preparation, a clear understanding of your case, and professional legal guidance. If you’re ready to seek justice, call or contact Rissmiller PLLC online today. Our knowledge of the law and dedication to client service make us the right choice to help you navigate your discrimination settlement and secure a fair outcome. Don’t wait—reach out for a consultation today.