
The opportunity to recover damages is essential in remedying the harm caused by an employer violating your work rights. Damages help keep employers accountable for oversights and misconduct and offer employees valuable financial relief for the economic and professional toll of employer wrongdoing.
This blog post will give federal employees an overview of the damages available in employment claims. We’ll explain the types of recoverable damages and discuss the factors that impact them, including front pay vs back pay, noneconomic damages, and compensation limits.
Understanding Recoverable Damages Under Federal Employment Law
Federal law offers several types of damages to employees whose rights have been violated. The damages a federal employee can recover will vary depending on the facts of the situation and the laws that apply. Let’s look at some of the different kinds of relief available.
Compensatory Damages
These damages aim to reimburse an employee for losses suffered from an employer’s wrongdoing. A plaintiff can receive compensatory damages for their financial, professional, and even emotional losses, depending on the situation.
Liquidated Damages
These supplement compensatory damages. They’re generally available when an employer purposefully withholds wages or earned compensation from an employee. Liquidated damages are often calculated as a multiple (e.g., double or triple) of the total back pay a plaintiff recovers.
Equitable Relief
This relief is a remedial action a court orders on behalf of the employee. Reinstatement for wrongfully terminated employees is a typical example. Equitable relief could also take the form of court-ordered policy changes for an employer.
Punitive Damages
These are penalties aimed at punishing an employer for their wrongdoing. They’re generally only available when an employer acts with purposeful or reckless intentions. However, the law prohibits federal, state, or local government employees from recovering punitive damages in employment claims.
EEOC Compensatory Damages
Compensatory damages are often the main form of legal relief offered to federal employees who bring claims through the Equal Employment Opportunity Commission (EEOC). Their goal is to help return an employee to the situation they were in before their rights were violated.
EEOC compensatory damages often include:
- Back pay for unpaid wages;
- Front pay for future unearned wages;
- Unused vacation or sick leave days;
- Job searching costs; and
- Lost health benefits, pension, or retirement contributions.
Employees may also recover some compensation for the financial value of other benefits they lost because of a violation of their rights.
Front Pay vs. Back Pay
Front pay is compensation for lost future work with an employer. It’s calculated as the wages and benefits you would have received if you continued your job. Employees typically receive this when returning to their prior position is undesirable or impossible.
Like back pay, it includes the value of all wages and benefits your employer offers, e.g., salary, potential bonuses, and commissions. However, calculating front pay can be trickier than back pay since it involves estimating someone’s future time and trajectory in a job role.
Noneconomic Damages
The EEOC also offers federal employees compensation for intangible losses that are harder to calculate. Potential noneconomic damages can include compensation for pain and suffering or emotional distress resulting from an employer’s wrongdoing.
Title VII Damages Caps
Employees who bring claims under Title VII of the Civil Rights Act face limits regarding the compensation they can recover. Under Title VII, the maximum damages (compensatory and punitive) available in an employment discrimination claim breaks down as follows:
- $50,000 for employers with 15-100 employees;
- $100,000 for employers with 101-200 employees;
- $200,000 for employers with 201-500 employees; and
- $300,000 for employers with 500+ employees.
These caps on Title VII damages only apply to discrimination cases covered by the 1964 Act, e.g., discrimination against race, sex, religion, national origin, etc. Federal employment claims made under other laws—e.g., the Age Discrimination in Employment Act (ADEA), Rehabilitation Act, and Equal Pay Act (EPA)—may not be subject to these limits.
Calculating Damages in Employment Discrimination Cases
The damages a federal employee can recover can vary widely depending on the situation. Here are some of the key factors that determine the value of potential damages:
- Salary amount. The amount of money you make impacts your ultimate compensation. Since back pay awards are based on your income, employees with EEOC claims stand to recover more if they previously received a high salary and many benefits.
- Employer intention. If your employer consciously chooses to violate federal law, you can sometimes be eligible for additional compensation. Although federal employees can’t recover punitive damages, liquidated damages are available for age discrimination claims where an employer acted willfully against the law.
- Mitigation. Employees who’ve lost their jobs due to discrimination must still try to replace their lost salary by other means, i.e., looking for a comparable new job. If you don’t make a good-faith effort to find new work and mitigate your losses, a court could reduce some of your available compensation.
Because of these factors, calculating damages in employment discrimination cases can be complex. The best way to estimate your claim’s value accurately is to consult a seasoned federal employment lawyer.
Fair Compensation Starts with Skilled Representation
There are many things outside your control when it comes to recovering damages. However, there’s one critical factor you can control: your attorney.
When you come to the Federal Employment Law Firm of Aaron D. Wersing PLLC, you get the support of an experienced legal team who knows federal employment law inside and out.
With a track record of successful litigation behind him, attorney Aaron D. Wersing has the legal skills and knowledge to fight for you to receive the maximum compensation you deserve. Contact our office by phone or online today to learn more.