A common question employment lawyers get from their clients in an employment discrimination case is: if I win, how much will my case be worth?

While no “one size fits all” answer exists, it is possible to specifically identify the types of damages that are available and to spell out how the amount will be determined. For purposes of this article, it is assumed that the employee defeated the employer’s motion for summary judgment and won their employment discrimination trial before a jury, judge, or arbitrator.

The Types And Amounts Of Damages Available In Employment Discrimination Cases

Some variation exists in terms of what damages are available depending on what type of employment discrimination claim is at issue. Most employment discrimination cases arise under some combination of Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), 42 U.S.C. § 1981 (Section 1981), and the Americans with Disabilities Act (ADA). The most common forms of damages are described below, but note that not all laws allow for the same type or amount of damages so it is important to carefully review the statute that applies to a specific claim.

Lost Pay Damages (Back Pay And Front Pay)

A plain English explanation of lost pay damages is that it compensates an employee for the money and fringe benefits they would have earned had their employer not discriminated against them. For example, if they proved their company discriminatorily...

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