Employment Discrimination Blog

Types of Damages in an Employment Discrimination Case

Published on 13th October, 2014 under New Jersey

There are many types of damages available in an employment discrimination case in New Jersey. If you think you have been a victim of employment discrimination, it’s important to understand all the potential types of damages to which you may be entitled.

• Back pay

If you were unlawfully terminated, demoted, or failed to be promoted due to employment discrimination, you may be entitled to back pay. This is based on the value of wages you lost due to an adverse employment decision. It may also include the value of bonuses or benefits that you would have gotten during the time period between when you were fired or demoted and the time the court’s decision is made.

• Reinstatement

If the discrimination resulted in a job loss or demotion, the court may order that you be reinstated to the position you would have had if not for the illegal discrimination.

• Front pay damages (future wages)

In certain cases, reinstatement is not appropriate. In those situations, the court may order front pay damages, or payment for future potential wages. In general, you have an obligation to mitigate these damages by actively seeking new employment during the case.

• Pre-judgment interest

The court may order that the defendant pay interest on certain damages, such as back wages. The interest would typically be in an amount set by law, and would accumulate from the time of the unlawful action until the date of the judgment.

• Damages for pain and humiliation

If you have experienced pain and humiliation due to unlawful discrimination, you may be entitled to recover damages. This may include damages for mental anguish, inconvenience, or loss of enjoyment in life. These damages are based on suffering you personally experienced.

• Punitive damages

Punitive damages punish the employer who unlawfully discriminated against you. Other types of damages are typically based on losses that you experienced. Punitive damages are not levied in order to compensate the victim, but instead to hurt the party that discriminated, and thus, discourage future employers from discriminating. Not every employment discrimination case will result in punitive damages. They are typically reserved for cases where the employer discriminated in a malicious way, or committed discrimination actions with the knowledge the actions were in violation of the law.

• Attorney’s fees

In a successful employment discrimination claim, the court may order the company to pay for the reasonable attorney fees of the victim. This can shift the cost of the litigation from the plaintiff to the defendant, who could potentially be responsible for both sets of attorney fees.

Employment Discrimination Attorneys in NJ

For victims of employment discrimination, the possibility of pursuing legal action can feel overwhelming. You are not alone. Every case is different, and not every type of damages will be available in every case. The law firm of John J. Zidziunas & Associates has a team of experienced employment discrimination attorneys in NJ that can help you understand your case and the types of damages the may be available in your situation. For further information, call 973-509-8500, email info@jjzlawfirm.com, or visit http://employmentdiscrimination.com/.

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DISCLAIMER: This web log is not legal advice, nor should it be construed to be legal advice or the offering of legal advice. It should not be read as guaranteeing or suggesting any particular outcome in any Court will occur in any particular case. It is not, and should be read as, a complete or authoritative analysis of the state of law, which is constantly subject to change.