What Are the Remedies for Employment Discrimination?

If your employer has discriminated against you in violation of New York or federal law, you are entitled to remedies for your employer’s violation. Laws like Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the New York State Human Rights Law (SHRL) all entitle employees to remedies for discrimination in the workplace.

But, what specific remedies can (and should) you seek?

The answer to this question depends on your specific circumstances. While there are various potential remedies available, the remedies that employees can (and should) seek in any particular case will be determined by the circumstances at hand. With this in mind, the following is an overview of the types of remedies that are generally available for employment discrimination under New York and federal law:

Reinstatement of Employment (if You Have Been Terminated)

In wrongful termination cases, employees can generally seek reinstatement of their employment—if they wish to do so. Of course, even if you are entitled to have your job back, you may not want to go back to work for the company that discriminated against you.

But, if you are interested in reinstatement, this is a remedy that your employment discrimination lawyer can pursue on your behalf. Along with pursuing reinstatement, your lawyer may also be able to seek staffing changes (i.e., assigning a new manager to your division) or other workplace reforms (i.e., updates to your employer’s discrimination policies and procedures). In any case, in addition to (or in lieu of) reinstatement, you may be entitled to compensation for your lost income and other financial remedies as well.

Placement in the Position You Deserve

If you were denied a pay raise, promotion, reassignment, or relocation on a discriminatory basis, your lawyer can seek placement in the position you deserve with the pay you deserve. Here, too, this is in addition to any other financial remedies you are rightfully owed. If you are interested in continuing to pursue your career with your employer and believe it is tenable to do so under the circumstances at hand, this could be a good option.

A Reasonable Accommodation

If you have a discrimination claim based on the denial of a reasonable accommodation for your disability or religious beliefs, one possible option is to seek the reasonable accommodation to which you are legally entitled. Wrongful denials of reasonable accommodation requests are not uncommon, and while some of these denials are intentional and ill-willed, in many cases, employers simply do not have a clear understanding of their legal obligations.

If you are interested in seeking a reasonable accommodation, an experienced employment discrimination lawyer will be able to work with you and your employer to determine what is necessary and what is feasible. Once again, you may be entitled to financial remedies as well, and your lawyer can also pursue a settlement or judgment on your behalf if warranted.

Lost Income and Benefits

Employees (and former employees) who have experienced discrimination in the workplace may be entitled to various financial remedies depending on the circumstances at hand. This includes compensation for lost income and benefits. Depending on the circumstances, available financial remedies may include:

Back Pay

If you were fired, demoted, or denied a pay raise or promotion, you may be entitled to back pay for the income you would have earned had your employer not unlawfully discriminated against you.

Front Pay

If you remain unemployed as a result of your employer’s discrimination, you may be entitled to front pay as well. Front pay provides compensation for your loss of earnings while you are not working, provided that you make a reasonable attempt to find employment based on your age, education, experience, and other pertinent factors.

Lost Benefits

Along with back pay and/or front pay, if you received benefits at your job before your employer discriminated against you, you are entitled to compensation for your lost benefits as well. This may include reimbursement of your health insurance premiums if you have been forced to pay for coverage on your own.

Liquidated Damages

In some cases, employees can pursue claims for liquidated damages after experiencing discrimination on the job. Liquidated damages can double or triple the amount that employees are entitled to recover for their lost income and benefits.

Damages for Other Financial Costs

In addition to compensation for their lost income and benefits, employees who experience discrimination in the workplace may be entitled to damages for other financial costs as well. These include costs such as job search expenses and medical bills if an employee needs to seek treatment for mental anguish as a result of his or her ordeal.

Damages for the Non-Financial Consequences of Your Employer’s Discrimination

In appropriate cases, employees can seek damages for the non-financial consequences of their employer’s discrimination as well. These include non-financial consequences such as mental anguish, anxiety, inconvenience, and loss of enjoyment of life.

Legal Fees and Costs

Employees who have discrimination claims under Title VII and other laws can often seek compensation for their legal fees and costs as well. This is intended to ensure that employees have the opportunity to fight to hold their employers accountable without being concerned about the costs involved.

Punitive Damages (in Appropriate Cases)

Employees can also seek to hold their employers liable for punitive damages in some cases. Generally, an award of punitive damages is appropriate when there is evidence that shows the employer’s discriminatory action was malicious, intentional, or reckless. Punitive damages are awarded in addition to the various types of compensatory damages discussed above.

Discuss Your Legal Rights with a New York Employment Discrimination Lawyer at Bell Law Group

Do you need to know more about your legal rights as a victim of discrimination in the workplace? If so, we invite you to get in touch. To speak with an experienced New York employment discrimination lawyer at Bell Law Group in confidence, please call 516-280-3008 or request an appointment online today.

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