In cases of discrimination in the workplace, you can typically seek compensation for lost wages, emotional distress, and punitive damages. While there's no limit on lost wages, emotional distress and punitive damages are capped at $300,000 under laws like Title VII and the ADA.
I've seen firsthand how these cases can vary widely in California. The average settlement for a disability discrimination case can range from around $25,000 to $500,000. Less complex cases often settle for about $100,000 or less, while more involved cases can exceed $1,000,000. But these are just ballpark figures.
In 2020, 6,272 discrimination cases were resolved by EEOC mediation, resulting in $156.6 million in monetary benefits. This makes the average settlement amount approximately $25,000 per claimant. But remember that not all cases are the same, so your case might be worth significantly more or less than the average.
Tips to Strengthen Your EEOC Complaint and Improve Your Chances of Winning Act Promptly and Meet Deadlines. Understand Your Rights and Protections. Gather and Preserve Evidence. Be Thorough and Detailed in Your Complaint. Consider Consulting a Federal Employment Attorney. Stay Engaged and Responsive.
What is the Average Settlement for a Discrimination or Retaliation Claim? Based on data from the Equal Employment Opportunity Commission (EEOC), the typical settlement amount for employment discrimination claims stands around $40,000.
Two types of remedies are available in EEO complaints against federal agencies: equitable relief and compensatory damages. Equitable relief, also called “make whole” relief, is designed to restore the complainant to the employment situation s/he would have been in if the discrimination had not happened.
There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000.
The burden is on you to prove through relevant and material evidence that the agency discriminated against you and are entitled to certain relief. In analyzing the evidence, the AJ will apply a "preponderance of the evidence" standard, not the "beyond a reasonable doubt" standard applicable in criminal proceedings.