What type of damages am I entitled to if I suffer employment discrimination?
A number of federal and state laws prohibit employment discrimination. These include Title VII of the Civil Rights Act of 1964, which prohibits sex, religious, gender and race discrimination. Additionally, the American with Disabilities Act (ADA) and the Americans with Disabilities Amendment Act (ADAAA) and the Age Discrimination in Employment Act (ADEA), which prohibit discrimination against qualified individuals on the basis of a disability, or due to one’s age, respectively. Similarly, state laws prohibit employment discrimination as well. If you believe you have suffered discrimination in any form, whether being terminated, not receiving all the compensation you are due, or being passed over for a promotion, what type of remedies are you entitled to?
While every situation is different, and you should consult with an experienced Georgia employment lawyer if you believe you have a discrimination claim, you may be entitled to the following types of damage:
Back pay -Back pay is a mandatory legal remedy in many situations. For example, if an employee is able to show he or she lost a job due to discrimination in violated of Title VII, back pay may be awarded. This may include regular compensation, overtime pay and lost benefits. Back pay is typically calculated from the time of the discriminatory act until the discrimination is redressed (i.e. with a jury award, reinstatement, etc.) Several caveats exist that determine how much back pay is allowed, so it is a good idea to discuss the various factors with a knowledgeable labor attorney
Front pay may also be awarded, often where reinstated is not feasible.
Compensatory and punitive damages may also be awarded. These are awarded for non-economic concerns such as emotional distress and pain and suffering caused by the discrimination. In particularly egregious cases, punitive damages may be awarded.
Additionally, in some cases your employer may be required to provide injunctive/affirmative relief such as reinstatement.
Finally, attorneys’ fees may be awarded in certain situations.
In order to fully understand what damages and remedies may be available to you should you suffer any form of employment discrimination, please contact the dedicated Atlanta employment discrimination lawyer at Buckley Bala Wilson Mew LLP for an immediate case evaluation.