Feeling like the victims of employment discrimination at work?
It’s more common than you might think. Recent statistics from the EEOC show that there were 88,531 discrimination charges filed for workplace discrimination in 2024. That’s a 9.2% increase from the previous year.
The good news?
Employment discrimination law provides strong legal remedies for victims to fight back and get the justice they deserve.
In this article, we’ll cover:
- Legal Remedies for Employment Discrimination Victims
- Types Of Compensation Available To Victims
- How To File A Discrimination Claim
- Alternative Legal Remedies Beyond Money
Legal Remedies for Employment Discrimination Victims
Employment discrimination occurs when an employer treats someone differently due to protected characteristics like race, gender, age, religion, disability, or national origin.
Here’s the thing…
Federal and state laws make employment discrimination illegal. And they provide victims with legal remedies to hold employers accountable for their actions.
So what do these legal remedies look like?
If you’ve suffered employment discrimination at work, speaking to a Los Angeles discrimination attorney can help you better understand what employment discrimination law applies to your case. They’ll review the facts and determine the best legal course of action to help you pursue your claim.
The key employment laws protecting workers are:
- Title VII of the Civil Rights Act
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Equal Pay Act
- State fair employment laws
Each of these laws has different protections and legal remedies for victims who suffer from discrimination.
So in addition to making discrimination illegal, these employment discrimination laws have powerful legal remedies that can help victims fight back.
Got it.
But what are these legal remedies, exactly?
Monetary Damages: Getting Compensated For Your Losses
Let’s start with monetary damages. When a victim wins an employment discrimination case, the court can order the employer to pay out money. This is known as monetary damages.
These are some of the most common remedies available to discrimination victims.
There are two main types of monetary damages:
- Back Pay
- Front Pay
Back Pay:
Back pay covers the loss of wages and benefits resulting from discrimination. This includes:
- Lost wages
- Missed bonuses
- Retirement contributions
- Health insurance benefits
Courts calculate back pay from the date of the discriminatory act until the court issues its judgment.
Front Pay:
Front pay is awarded to victims who are entitled to future lost earnings as a result of discrimination. This remedy is available when reinstatement is not possible or when the victim can no longer return to their job.
Say for example your employer created a hostile work environment that’s so severe you can’t return. Front pay would help you financially until you find other comparable employment.
Compensatory & Punitive Damages
In addition to lost wages and benefits, discrimination victims can also receive damages for the emotional and psychological harm they suffer. These are called compensatory damages.
Compensatory damages can include:
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Medical expenses (including the cost of therapy or treatment)
Let’s add in a little bit of icing on the cake…
In certain cases where the employer acted with malice or reckless indifference, the courts can also award punitive damages. This is when the victim is awarded monetary damages not for the purpose of compensation but rather to punish the employer and deter future misconduct.
EEOC statistics report that nearly $700 million was recovered for discrimination victims in 2024. The highest monetary recovery to date.
Reinstatement & Promotion
We’ve covered damages that pay victims for their losses. But what if you just want your job back?
That’s where remedies like reinstatement come in.
Reinstatement is a legal remedy that orders the employer to give back your job to the victim. It’s most effective when someone was wrongfully terminated or denied a promotion due to discrimination.
The court can also order the following:
- Promotion to the level they should have received.
- Restoration of seniority rights.
- Adjustment of employment records.
The message it sends to employers is clear.
We will not tolerate discrimination and when it does occur, victims will be put back in the place they would have been if it had not occurred.
It also allows the victim to continue their career where it left off.
Injunctive Relief: Stopping Future Discrimination
But what if we can go one step further and not only help you but make it so other employees don’t have to go through the same thing?
Injunctive relief is an effective legal remedy requiring employers to change their policies and practices to prevent future discrimination.
Injunctive relief can require employers to:
- Implement anti-discrimination training programs
- Revise hiring and promotion procedures
- Develop better complaint reporting systems
- Cease specific discriminatory practices
In this way, this remedy benefits future employees who might otherwise face the same discrimination.
Attorney’s Fees & Court Costs
The fight for justice isn’t cheap. Legal fees, court costs, and expenses for expert witnesses can really add up.
The good news is that the court typically orders the employer to pay the attorney’s fees and litigation costs of the victim if they win the case. This levels the playing field for workers against powerful companies.
Employers can’t make you pay out-of-pocket to enforce your civil rights.
Alternative Dispute Resolution
Not every employment discrimination case needs to go to court. Alternative dispute resolution is often faster and more effective.
Mediation
Mediation is a process that brings the parties together to negotiate a voluntary and confidential settlement. It’s a voluntary process that can effectively and quickly resolve cases without litigation.
The EEOC has a successful mediation program and resolved over 71% of private sector mediations in 2024.
Settlement Agreements
Many discrimination cases settle before reaching trial. Settlement agreements typically include a monetary settlement and sometimes require the employer to change their employment practices.
The benefit of settlements is that you have more control over the outcome of the case. You can negotiate terms that are important to you instead of leaving things to chance during trial.
Filing A Claim: Your First Steps
Okay, we’ve discussed legal remedies available to discrimination victims. But how does one start the process?
Start by documenting everything:
- Record all discriminatory incidents.
- Keep emails, messages, and performance reviews.
- Note all important dates, times, and witnesses.
- Document how the discrimination affected you.
Next, file a claim with the EEOC or your state’s fair employment agency.
You typically have 180-300 days from the date of the discriminatory act to file your claim (depending on state laws).
Don’t wait to file your claim, otherwise, you’ll lose the right to sue.
The Importance Of Legal Representation
Employment discrimination cases are complicated. Employers have lawyers whose job it is to protect their interests.
You need someone in your corner fighting for you.
An employment attorney can help in many ways including:
- Evaluating the strength of the case
- Navigating complicated filing procedures
- Gathering and presenting evidence
- Negotiating favorable settlements
- Representing you in court if necessary
Most employment lawyers offer free consultations, so they can review your situation and explain your options with no upfront cost to you.
Bottom Line
Employment discrimination law protects employees from being treated unfairly due to personal characteristics.
Employment discrimination laws make discrimination illegal and provide remedies for employees when violations occur. These remedies allow discrimination victims to get back what they lost due to their employer’s wrongful acts.
Remedies include:
- Monetary damages that can compensate victims for lost wages and emotional distress
- Reinstatement that can get the victim’s job back
- Injunctive relief that can change the employer’s policies to prevent future discrimination
- Payment of the victims’ attorney’s fees and litigation costs
Employment discrimination doesn’t have to go unchecked. There are legal remedies available to protect victims. So document what happened to you and connect with an employment lawyer who can explain your rights and legal options.