California law recognizes that discrimination can affect an employee’s financial stability, emotional well-being, and long-term career prospects. For that reason, employees who successfully prove discrimination may be entitled to recover several different types of damages designed to compensate them for both economic and personal losses. For more information on your unique case, reach out to our professional discrimination attorney in Los Angeles for a free case evaluation today.
The Purpose of Damages in Discrimination Cases
Damages in discrimination cases serve two primary purposes. First, they aim to make the employee “whole” by compensating for losses caused by unlawful conduct. Second, in certain cases, damages are intended to discourage employers from engaging in similar conduct in the future. The types and amounts of damages available depend on the facts of the case, the severity of the discrimination, and whether the claim is brought under state or federal law.
Back Pay
Back pay is one of the most common forms of damages in discrimination cases. It represents the wages and benefits an employee lost because of the discriminatory action. This may include:
- Lost hourly wages or salary.
- Missed overtime pay.
- Lost bonuses or commissions.
- Lost benefits such as health insurance or retirement contributions.
Back pay typically covers the period from the discriminatory act, such as a termination or demotion, until the case is resolved or the employee secures comparable employment.
Front Pay
Front pay compensates an employee for future lost earnings when reinstatement is not practical or appropriate. This often occurs when the employment relationship has been irreparably damaged or when returning to the workplace would be unreasonable. Courts consider factors such as the employee’s age, job market conditions, and expected career trajectory when determining front pay awards.
Emotional Distress Damages
California law allows employees to recover damages for emotional distress caused by discrimination. These damages recognize that discrimination can lead to anxiety, humiliation, depression, sleep disturbances, and other emotional harm. Emotional distress damages do not require medical bills or expert testimony in every case. An employee’s own testimony about the impact of discrimination on their mental and emotional health may support an award.
Punitive Damages
Punitive damages are intended to punish employers for particularly egregious or reckless conduct. They are available in cases where the employer acted with malice, oppression, or fraud. Not every discrimination case qualifies for punitive damages. Courts evaluate the employer’s conduct, decision-making process, and response to complaints when deciding whether punitive damages are appropriate.
Attorney’s Fees and Litigation Costs
California’s employment discrimination laws allow successful employees to recover reasonable attorney’s fees and litigation costs. This provision helps ensure access to justice by allowing employees to pursue claims even when their individual wage losses are modest. Recoverable costs may include court filing fees, expert witness expenses, and deposition costs.
Equitable Remedies
In addition to monetary damages, courts may order equitable remedies to address discrimination or harassment in LA. These remedies focus on correcting the employer’s conduct rather than compensating for losses. Examples include:
- Reinstatement to a former position.
- Policy changes or training requirements.
- Injunctive relief to prevent future violations.
Equitable remedies are determined based on what is fair and appropriate under the circumstances.
Factors That Influence Damage Awards
Several factors can affect the value of a discrimination case, including:
- The length and severity of the discrimination.
- The employee’s position and compensation level.
- The employer’s response to complaints.
- Whether retaliation occurred.
- The impact on the employee’s career and reputation.
Each case is evaluated individually, and outcomes vary based on evidence and credibility. Call our employment attorneys at Yadegar, Minoofar, & Soleymani LLP/