What Damages Can Be Recovered in a Discrimination Case?

Facing discrimination in the workplace is not only unjust but can also have profound personal and financial impacts on an individual. The law recognizes the severity of such injustice and provides avenues for employees to seek compensation for their losses. At Minnis & Smallets LLP, we are deeply committed to guiding employees through the complexities of employment law, ensuring they understand their rights and the damages they’re entitled to when faced with workplace discrimination.

Our firm stands out for its personalized approach and dedication to representing employees across California and the Bay Area. Our experienced attorneys are here to navigate hardworking employees through difficult employment situations and protect their legal rights.

Recoverable Damages in a Discrimination Case

Discrimination cases are intricate, and the damages recoverable reflect the multifaceted impact discrimination can have on an individual’s life. In California, those subjected to workplace discrimination may be entitled to economic damages, emotional distress damages and punitive damages.

Economic Damages

Economic damages compensate for financial losses directly stemming from discriminatory actions. This category includes lost past wages—earnings an employee missed out on due to discriminatory practices—and lost future wages, which cover potential earnings had the discrimination not occurred.

For instance, if an individual was wrongfully terminated or denied a promotion due to discriminatory reasons, they may be able to recover the wages they would have earned. It’s important to note that employees have a duty to mitigate their damages by seeking new employment, but only in positions substantially similar to their previous roles. If a new job is secured, any difference in compensation and benefits between the old and new positions may also be recoverable.

Emotional Distress Damages

Emotional distress damages aim to compensate for the psychological impact of discrimination. These damages recognize the pain, suffering, mental anguish and loss of enjoyment of life experienced by employees. Discrimination can take a significant toll on one’s mental and emotional well-being, and the law provides a means to address this.

Punitive Damages

In cases where an employer’s conduct is particularly egregious, involving oppression, or malice, punitive damages may be awarded. These are not compensatory but are designed to punish the employer and deter future discriminatory practices. The amount of punitive damages awarded must be reasonable and proportionate to the wrongdoing.

How a Skilled Attorney Can Assist in Seeking Damages

At Minnis & Smallets LLP, we pride ourselves on our ability to provide personal attention, develop tailored strategies and pursue effective negotiation or litigation to achieve satisfactory resolutions for our clients. 

When seeking damages for workplace discrimination, employees should partner with a responsive, tenacious attorney. Our team advocates for our clients, ensuring their voices are heard and their rights are protected. We understand the challenges caused by workplace discrimination and are dedicated to helping them recover the full spectrum of damages they are entitled to.

Talk to an Attorney Today

If an employee is facing discrimination in the workplace, it’s crucial to understand their rights and the damages that may be recoverable. At Minnis & Smallets LLP, our experienced attorneys are here to guide individuals through every step of the legal process, from understanding the case to achieving a resolution that acknowledges their suffering and compensates for their losses. Contact us today to learn more about how we can assist in their fight against workplace discrimination.