Local, state, and federal laws prohibit discrimination in the workplace. If you’ve experienced discrimination in the workplace, you may be entitled to compensation. The amount of compensation for employment discrimination depends on several factors, including the strength of your legal claim.
The New York City employment attorneys at Lipsky Lowe LLP, with their extensive experience and expertise, are prepared to help you understand your legal rights. We will meticulously review the facts of your case and provide you with an estimate of its strength and potential value. Our attorneys, well-versed in the intricacies of employment discrimination laws, know how to hold employers accountable for unlawful discrimination.
Pursuing Compensation for Unlawful Discrimination
Numerous federal and local laws prohibit workplace discrimination. Title VII of the Civil Rights Act prohibits discrimination based on national origin, race, sex, gender identity, religion, etc. The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) prohibit discrimination based on federally protected statutes and domestic violence victim status, consumer credit history, caregiver status, military status, and, in some cases, arrest and conviction records.
How Strong Is My Employment Discrimination Claim?
The value of your discrimination claim depends on several factors, including your evidence of discrimination. For example, when a person can prove discrimination happened through direct documentary evidence, such as a sexually explicit message from a manager or coworker or sworn witness testimony, they have a stronger claim for compensation.
When a person has circumstantial evidence of discrimination, it can be challenging to pursue a claim for compensation successfully. However, the best way to evaluate the strength of your claim and understand your legal options is to speak to an experienced employment attorney. The attorneys at Lipsky Lowe LLP are prepared to review your case and provide you with experienced legal counsel, empowering you with the knowledge to make informed decisions about your case.
How Much Is My Employment Claim Worth?
If you have been a victim of unlawful discrimination in the workplace in New York City, it’s imperative that you consult an attorney at the earliest opportunity. Time is of the essence as you only have a limited amount of time to pursue compensation. You may be entitled to compensation for your back pay, front pay, medical expenses, expenses associated with finding another job, and the emotional harm you’ve suffered.
The purpose of compensating employees for discrimination is to place the worker in the same or similar position they would have been in if the illegal discrimination hadn’t occurred. When a claim proceeds all the way to trial and you receive a favorable verdict, a jury will award you specific monetary damages.
However, most employment discrimination cases don’t make it to trial and settle out-of-court. The attorneys at Lipsky Lowe LLP use their extensive negotiation experience to pursue the best out-of-court settlement available. When a favorable out-of-court settlement isn’t possible, we are prepared to pursue your rights and the best verdict possible in court, giving you hope for a fair resolution to your case.
Monetary Damages for Employment Discrimination in New York City
When unlawful discrimination has been established, the court will try to place the victim in the same or similar position they would have been in if the discrimination had never happened. Workers can pursue compensation for the pay, position, and benefits they would have received if they were not subject to discrimination. Suppose an employee was not chosen for a promotion even though they deserved it and were qualified for it because of unlawful discrimination.
The remedy could be for the employee to be placed into the promoted position well, receiving back pay and all of the other fringe employment benefits they would have earned if they’d been promoted in the first place. The employer will also have to stop continuing discriminatory practices in the future and cannot retaliate against the employee. Fringe employment benefits can include the following:
- Bonuses
- Back pay
- Health insurance benefits
- Employee stock options
- Retirement benefits
- Retirement packages
- Commissions
- Front pay
- Salary
- Pensions
- Vacation pay
Punitive Damages
Victims of employment discrimination can pursue compensatory damages and, in some cases, punitive damages. Punitive damages are not awarded in all cases, but when a worker can prove they suffered intentional discrimination because of their religion, sex, color, genetic information, national origin, race, disability, or pregnancy status, they can receive additional punitive damages.
The worker will need to show that the employer engaged in reckless or malicious discrimination. Liquidated damages are another type of punitive damages. Liquidated damages that are twice the amount of back pay can be awarded when the worker can prove the employer willfully violated an anti-discrimination law. Punitive damages are frequently awarded in race discrimination cases but can also be a remedy under age discrimination cases.
Compensatory Damages
Workers can also pursue compensatory damages for all the expenses they’ve incurred because of the discrimination they suffered. Being the victim of discrimination in the workplace can cause mental health challenges, such as anxiety and depression. Workers may need professional psychological treatment, and the expenses for treating mental anguish can quickly add up. Some of the most commonly sought-after compensatory damages include the following:
- Medical expenses
- Mental anguish
- Emotional harm
- Loss of enjoyment of life
- Expenses associated with finding another job
The specific damages you can pursue will vary depending on the type of claim you file. For instance, if you file a federal age discrimination lawsuit, the damages available may differ from those in a state-level claim for racial discrimination. It’s crucial to work with an attorney who can guide you through all your legal options and help you make informed decisions.
Attorney Fees and Court Costs
When workers succeed in New York discrimination claims, the employee victim is usually awarded compensation for the legal fees and costs they’ve paid. Specifically, victims can recover fees for their out-of-pocket attorney’s fees, court fees, and fees paid to expert witnesses.
Contact an Employment Discrimination Attorney in New York
The skilled employment attorneys at Lipsky Lowe LLP will carefully review your case, answer any questions, and help you estimate the value of your employment discrimination case. Don’t hesitate to contact Lipsky Lowe LLP to schedule a complimentary case evaluation.