Employees who experience workplace discrimination in California may be entitled to the following financial and non-financial compensation under the Fair Employment and Housing Act (FEHA).
Back Pay
Back pay compensates employees for wages and benefits lost due to discrimination. This includes earnings from the date of the adverse employment action through the resolution of the case. Back pay may include:
- Lost salary, wages, or hourly earnings.
- Overtime, bonuses, and commissions.
- The value of lost benefits such as health insurance or retirement contributions.
This form of compensation focuses on restoring income the employee would have earned if the discrimination had not occurred.
Front Pay
Courts may award front pay to cover future lost earnings when returning to the workplace is impractical due to ongoing hostility, damaged relationships, or elimination of the position. Front pay accounts for:
- Expected future wages and benefits.
- Lost career advancement opportunities.
- The time needed to secure comparable employment.
This remedy ensures that employees are compensated for long-term financial impact.
Emotional Distress Damages
Workplace discrimination often causes emotional and psychological harm. California law allows employees to recover damages for emotional distress, even without physical injury. Examples of emotional harm include:
- Anxiety, stress, or depression.
- Loss of sleep or difficulty concentrating.
- Damage to professional reputation or confidence.
These damages recognize the personal impact of discrimination beyond financial loss.
Punitive Damages
Punitive damages are designed to punish employers for particularly egregious conduct and to deter similar behavior in the future. These damages are not available in every case and typically require proof that the employer acted with fraud, oppression, or malice. Examples that may support punitive damages include:
- Intentional discrimination by management.
- Repeated violations despite prior complaints.
- Failure to correct known unlawful conduct.
Punitive damages can significantly increase the value of a claim.
Attorney’s Fees and Costs
California law allows prevailing employees to recover attorney’s fees and litigation costs. This provision ensures that employees can pursue claims even when they cannot afford legal representation upfront. Recoverable costs may include:
- Attorney’s fees.
- Court filing fees.
- Expert witness fees.
- Costs associated with discovery and litigation.
This aspect of the law encourages enforcement of anti-discrimination protections.
Other Potential Remedies
In addition to monetary compensation, courts may order equitable relief to address the effects of discrimination. These remedies may include:
- Reinstatement to a former position.
- Promotion or correction of employment status.
- Policy changes or training requirements imposed on the employer.
These measures aim to prevent future violations and restore fairness in the workplace.
How an Employment Attorney Can Help
If you are experiencing workplace discrimination, you may be unsure what your claim is worth or what compensation applies to your situation. A trusted Los Angeles workplace discrimination attorney can evaluate the specific facts of your case and determine which damages may be available. They can also gather supporting evidence, calculate potential recovery, and guide you through the process of filing a claim or pursuing a lawsuit.
Contact Us
If you believe you have experienced workplace discrimination, California law provides meaningful remedies designed to compensate you and hold employers accountable. Contact YMS LLP today online or by calling (310) 499-0140 to schedule a free consultation with a skilled attorney at our professional employment law firm and discuss your situation.