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Schedule An Initial Consultation: 720-759-2795

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Colorado Employee Advocates | CEA
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  5. What can I recover from my workplace discrimination case?

What can I recover from my workplace discrimination case?

On Behalf of Colorado Employee Advocates | Jul 15, 2024 | Discrimination

You shouldn’t be discriminated against at work. But if you are, then you can face significant harm. You may be subjected to a hostile work environment that leaves you fearing for your safety and it could result in you being psychologically harmed.

Additionally, reporting discrimination to your employer could lead to retaliation. And if you’re retaliated against, then you’ll lose income and may incur additional expenses related to obtaining additional training and education. You don’t deserve to face those losses.

Yet, the burden is on you to take legal action to hold your employer accountable. If you don’t, then they’ll get away with what they’ve done to you, and they’ll likely perpetrate similar behavior on other employees. But as you prepare to navigate an employment law claim against your employer, you might be wondering what your claim is actually worth.

What’s the value of your workplace discrimination claim?

This is a hard question to answer given that the unique facts of your case are going to be controlling. That said, let’s look at some of the damages that you might be able to recover in your case:

  • Injunctive relief: You may be able to convince a court to order your employer to reinstate you to your position or to refrain from the discriminatory behavior that you’ve alleged. This order could be issued early on in your case, ensuring that you’re protected and financially secure while you pursue your claim.
  • Lost pay: If you succeed on your workplace discrimination claim, then you’ll likely recover compensation for your lost pay. This includes any anticipated lost wages and benefits that you would’ve secured if you remained employed and, if injunctive relief was not obtained, those earnings and benefits that you’ve already lost.
  • Compensatory damages: These damages relate to other losses that you’ve experienced outside of your lost wages and benefits. They might cover the cost of training and education, but a lot of these damages will focus on your mental anguish, lost enjoyment of life, and suffering. They can also help pay for any treatment you’ve had to receive because of the workplace discrimination to which you’ve been subjected, including mental health treatment.
  • Punitive damages: If your employer acted maliciously when it discriminated against you, then additional damages may be ordered to punish your employer. Here, it’ll be helpful to show that your employer acted with reckless indifference toward your rights as a worker.

It’s worth noting that there’s a cap on the amount of compensatory and punitive damages you can recover. This cap is based on the number of employees at your place of employment. There is not a cap, however, on the lost pay damages that can be paid out. Just remember, you’re going to need strong evidence to show both the discrimination that was exhibited towards you and the damages that you suffered. So, be diligent in analyzing the facts of your case, gathering compelling evidence, and building your legal case.

Don’t let your employer get away with treating you unfairly

You have workplace protections. When your employer violates them, it’s up to you to hold them accountable. And you only get one opportunity to do so. Therefore, if you’ve been harmed by workplace discrimination, then now is the time to start crafting your case. By being aggressive and thorough, you can hopefully find accountability, recover compensation, and successfully move on to the next chapter of your life.

 

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