workplace retaliation

The EEOC laws prohibit bosses and managers from punishing applicants and employees for asserting their rights from any form of discrimination at the workplace. The laws demand that a manager may not demote, dismiss, harass, or otherwise retaliate against employees for filing a complaint of discrimination or taking part in a discrimination proceeding.

The very laws that forbid discrimination based on sex, color, race, disability, religion, or national origin also prohibit retaliation against individuals opposed to unlawful discrimination or taking part in an employment discrimination proceeding.

EEOC mediation and lawsuits usually end in settlement of claims for retaliation cases in most of the states in America. There is no fixed amount of compensation for retaliation, and the average settlement amount for EEOC claims is dependent on a myriad of factors, including but not limited to the following:

  • The specific type of the discrimination claim
  • The merits of the facts in favor of the employer
  • The facts in favor of the employee
  • The desired results by the employee
  • Whether or not the employee hired the services of an employment lawyer
  • Whether the employer hired an attorney
  • The employer’s willingness to resolve the lawsuit
  • The employer’s response to the alleged retaliatory act

With the above variables at play, the EEOC settlement amounts for retaliation may be worth very little or may be worth thousands of dollars.

Financial Factors That Affect The Settlement Amounts

In addition to the commonly considered factors in the determination of settlement amounts for retaliation, specific financial considerations will always have a significant impact on the settlement amount.

In most of the claims, monetary relief is usually a component of lost wages and may sometimes include lost benefits, bonus and potentially lost wages due to future promotions.

Due to this, monetary relief is usually a factor of a person’s income and higher earning employees have good chances of being awarded larger settlements for retaliation. The other significant financial factors considered include:

Compensatory Damages

Employees may also recover punitive damages as well as other non-pay-based reliefs such as suffering and pain. These are known as compensatory damages, and the law caps the amount that may be awarded based on the size of the employer.

For instance, for the largest employers, the damages are capped at $300,000. However, employees may not always win compensatory damages or any other punitive damages.

Attorney Fees

Employees may recover attorney fees in EEOC mediations and lawsuits. It worth observing that the plaintiff’s attorney fees rarely form a considerable portion of the monetary relief and the longer the suit takes, the higher the attorney fees.

EEOC Mediation Settlement For Retaliation

The settlement amounts for mediation settlement for retaliation is usually very small if any amounts are ever discussed during the process. Mediation comes typically at early stages, and it is usually a good point for both parties to iron out their issues with continued employment.

With EEOC mediation, a fired employee can get reinstated, a demotion can be undone and any discriminatory pay issue can be corrected. However, if an employee is seeking a good settlement for retaliation, then they have to look down the road since employers never pay much at this stage.

EEOC Lawsuit Settlement For Retaliation

If the aggrieved employee files a lawsuit for the retaliation, then the settlement amounts may be huge. The average lawsuit settlement for retaliation in most states ranges between 35,000 and 40,000.

It is important to point out that most lawsuits are settled below this range, and those that go above the range have already survived summary judgment and are headed for trial.

At such a stage, both parties have a clue of the kind of evidence possessed by the other side, and they have considered the probability of success and probable costs if the cases reach trial.