Best Gender Discrimination Attorney Answer: What damages can I get for discrimination on the job? Can I get more than lost wages for discrimination by boss? Can I file a lawsuit if I am still working? How do I find a race discrimination attorney in Ohio?
So, I was at mediation last week and the attorney for the employer kept saying, “but, there is no damages.” And, I kept replying, “lost wages are not the only part of the damages calculation.”
Title VII of the Civil Rights Act of 1964 expressly provides that employees in cases involving intentional discrimination (gender, race, national origin, etc.) can recover emotion distress damages. Specifically, Title VII provides for “future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.” 42 U.S.C. § 1981a(b)(3). Although this is great, there is a cap on the amount of emotion distress damages. The amount of the cap varies based on the number of employees employed by the employer: (1) $50,000 for employers of 15 to 100 employees; (2) $100,000 for employers of 101 to 200 employees; (3) $200,000 for employers of 201 to 500 employees; and (4) $ 300,000 for employers with 501 or more employees.
In Deloughery v. City of Chicago, (7th Cir. Sept. 7, 2005), the Court of Appeals for the Seventh Circuit upheld the award of $175,000 for emotional distress damages to an Hispanic woman who filed a discrimination lawsuit averring that she was wrongfully denied a promotion by the City of Chicago. The Court noted that an award for a non-pecuniary loss, such as a loss due to emotional distress, can be supported “in certain circumstances, solely by a plaintiff’s testimony about his or her emotional distress.” At trial, Deloughery testified that she was “devastated” by not being promoted to captain. A co-worker further offered testimony that the denial of the promotion had “a demoralizing impact on her.” The Court held that it was not unreasonable for the jury to have been convinced that Deloughery suffered emotional distress, despite the fact that she had never sought professional help for the distress.
Another good example came from a settlement last week of a race discrimination lawsuit brought by two black custodians, John Moncrief Jr. and Summer Hillman, against the Madison School District where they were employed and continued to be employed at the time the race discrimination lawsuit was filed. According to their complaint, the pair’s former supervisor, often used racial epithets in front of students and other staff, and said that blacks were “lazy.” According to the allegations, the boss went so far as to say that work would be “better” if blacks were not around. He even once wore a T-shirt to work bearing a confederate flag and the phrase ‘‘The South Will Rise Again.” After several complaints, the school district finally fired the supervisor and Moncrief and Hillman suffered to adverse employment action – demotion, reduction in pay, or wrongful termination. As a result, there were no economic damages to the two custodians. But, pursuant to Title VII, the lack of economic loss does not mean that there are no damages. As a result, the case settled for $30,000 to each Moncrief and Hillman. Compare that to the fact that the average yearly salary for a custodian in the area is $26,000.
If you are searching “I need a lawyer because I have been wrongfully fired or terminated;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
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