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What Damages are Available in Employment Discrimination Cases

One of the most common questions asked by people who have been unfairly discriminated against by their employer is “what damages can I recover in my case?” There are variety of damages that can be sought by your White Plains Discrimination Lawyers. Each type of damage is discussed in turn:

1. Lost Wages

The most common type of damages that can be recovered is the wages lost due to the wrongful discrimination. Lost wages include lost payment for wage hikes that should have been, but were not, provided to the discriminated employee.  In establishing lost wages, your White Plains Discrimination Lawyers will rely on your tax records, pay stubs, and other documents to prove by substantial evidence, the wages that were actually lost.

2. Lost Tips/Commissions/Bonuses

Another common type of recoverable damage are lost tips, commissions or bonuses that were not paid due to the discriminatory acts of the employer.  These damages are, generally, calculated by taking the employer’s records and comparing employees of similar type and their tips or commissions.

3. Lost Benefits

Aside from actual wage losses, a discriminated employee is entitled to the reasonable value of the benefits that were wrongfully withheld by the employer.  This includes the payments for health care insurance, life insurance, 401K or other retirement contributions, and all other benefits the employer provided to employees that were not discriminated against.

4. Future Wage Loss

 In some cases, future wage loss can also be claimed by your White Plains Discrimination Lawyers.  Future wage loss would be available to those employees whose discrimination caused them to lose the ability to receive reasonable wages in the future. A common example of these types of damages arises in cases where skilled tradesmen are not advanced, and cannot receive higher compensation outside their current employer.

5. Pain and Suffering

 New York also allows employees that have been discriminated against to recover for the pain and suffered caused by the discrimination. Pain and suffering damages are those damages caused to the discriminated employee by the discrimination – such as headaches, stress-related ulcers, and other physical pain due to the employer’s bad actions.

6. Emotional Distress Damages

Aside from pain and suffering, employees suffering employment discrimination, can also recover emotional distress damages. Emotional distress damages are designed to compensate the employee for the mental anguish and stress caused by the employer’s discriminatory acts. Generally, juries and courts expect expert testimony assessing the severity of the emotional distress and whether the employee underwent treatment for the distress, before they will award substantial emotional distress damage. 

7. Job Retention

Those employees impacted by discrimination often want to force their employer to retain them at their job, but eliminate the discriminatory practices. New York courts have the power to compel an employer to cease and desist discrimination and rehire an employee who has been discriminated against.

Other categories of damages may exist, depending on the facts of your case.  A discussion with your White Plains Discrimination Lawyers at Lynch Schwab, PLLC, will help determine which types of damages you may recover in your employment discrimination case.

Posted on July 5, 2014 in For Our Clients, Sexual Harassment and Discrimination