Damages In A Sexual Harassment Case
Although the title suggests damages in a sexual harassment case, these damages are also available in most discrimination cases.
1. Economic Damages--consist of back and front pay plus incidentals. Included in this calculation are benefits. Back pay is the amount of money equal to wages an employee would have earned, including all benefits from the date of discharge through the date of final judgment. Front pay is an amount of money equal to wages and benefits the employee will lose in the future because of a lower paying job or no job at all. Incidentals may be relocation costs, education costs for retraining and costs for tools if required at a new position.
2. Emotional Distress Damages--There is new specific formula for this calculation and there are many factors to consider including, the credibility of the employee, length of employment, believeability of witnesses, prior or pre-existing similar injuries, nature and extent of counseling or other medical treatment, and strength of the underlying case.
3. Punitive Damages--Under Title VII and ADA violations punitive damages may be awarded. In order to recover the employee must prove the employer engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of the employee, but also that liability for the punitive damages should be imputed to the employer.
4. Attorneys' Fees--All federal anti discrimination statutes and those in Illinois provide for the recovery of attorney fees by the prevailing party. Discretion as to the amount is up to the Judge.
5. Prejudgment Interest--All federal anti-discrimination statutes provide for recovery of prejudgment interest as part of a plaintiff's back-pay award. This can up to to serious money if the employee was highly compensated and the case takes years to get to trial.