How much can you win in a discrimination lawsuit?
Asked by: Joelle Christiansen | Last update: December 4, 2025Score: 4.5/5 (40 votes)
According to the Equal Employment Opportunity Commission (EEOC), the average settlement for employment discrimination claims is about $40,000. However, depending on the facts and circumstances of the case, settlements or verdicts can climb to seven figures.
How easy is it to win a discrimination lawsuit?
Your chances of winning a discrimination case will depend on how you proceed. The Harvard Law and Policy Review published an article in 2009 which found that employees only win discrimination cases against their employers 15% of the time.
What is the maximum payout for discrimination?
While every case is unique, settlements can range from $25,000 to over $500,000. It's pretty impressive and goes to show, California doesn't play around when it comes to looking out for its workforce.
What should I ask for in a discrimination settlement?
In cases of discrimination in the workplace, you can typically seek compensation for lost wages, emotional distress, and punitive damages.
How much compensation can you get for discrimination?
You can get compensation for any money you've lost because of the discrimination. This could be the difference in salary if you didn't get a promotion. As a starting point, work out what your losses would be if it takes you a year to find a job which pays the same as the promotion.
How Much Money are Discrimination Lawsuits Worth?
What is a good settlement for discrimination?
When it comes to California discrimination lawsuits, the potential payout varies greatly depending on the company's size. Take small businesses with fewer than 100 employees - they're looking at a maximum payout of $50,000. But scale up to 101-200 employees, and that number jumps to $100,000.
How is compensation calculated?
The amount of compensation in a personal injury claim is determined by considering several factors including the severity of the injury, the impact on your life and work, medical expenses incurred, future care needs, and loss of earnings. Each claim is unique and the amount of compensation will vary accordingly.
Is it worth suing for discrimination?
Successful plaintiffs in employment cases can recover wages they would have earned up to the time of trial—called back pay. They can also seek future lost wages and benefits—called front pay. Many employment discrimination laws also allow employees to recover for their emotional distress.
What is a reasonable settlement?
The settlement amounts should reflect the damages suffered by the plaintiff, including medical expenses, lost wages, pain and suffering, future medical care, and other related costs. The key to fair financial compensation is to determine whether the offer is reasonable and aligns with the extent of the damages.
How long do discrimination settlements take?
How Long Until Settlement? Potential clients usually ask our lawyers, “How long will it take to settle my case?” The best answer is that “it depends.” Typically, the average employment lawsuit in a California court takes one year or longer to litigate.
What is the 80% rule in discrimination?
The 80% rule was created to help companies determine if they have been unwittingly discriminatory in their hiring process. The rule states that companies should be hiring protected groups at a rate that is at least 80% of that of white men.
Does a discrimination settlement count as income?
IRC Section 61 explains that all amounts from any source are included in gross income unless a specific exception exists. For damages, the two most common exceptions are amounts paid for certain discrimination claims and amounts paid on account of physical injury.
What happens when the EEOC finds an employer guilty?
When the EEOC finds an employer guilty, they may attempt conciliation to negotiate changes in procedures and remedies for those affected; if unsuccessful, the victim may file a lawsuit or request the EEOC to file one on their behalf.
What makes a strong discrimination case?
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
How often are discrimination cases won?
95% of EEOC district court cases are successful.
Many individuals who face employment discrimination may file an initial claim on their own (which may not be thorough or convincing) and then do not take further action.
What is proof of discrimination?
Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
What is a normal settlement amount?
The rough 'rule of thumb' that we generally use to determine the value of the average settlement agreement payout (in respect of compensation for termination of employment) is two to three months' gross salary (in addition to your notice pay, holiday pay etc., as outlined above).
How much money should I ask for in a settlement?
Ask for more than what you think you'll get
There's no precise formula, but it's generally recommended that personal injury plaintiffs ask for about 75% to 100% more than what they hope to receive. In other words, if you think your lawsuit might be worth $10,000, ask for $17,500 to $20,000.
What is a good settlement offer?
A reasonable settlement offer is one that includes medical expenses, lost wages, pain and suffering, and property damage. While it varies from case to case, an experienced personal injury lawyers can help you find a reasonable amount for your case.
What is the highest paid discrimination lawsuit?
Sanford Heisler Sharp McKnight achieved the largest jury verdict in U.S. history in an employment discrimination case. A jury awarded $253 million after finding the pharmaceutical giant liable for gender discrimination in pay, promotions, and relating to pregnancy.
Are discrimination cases hard to win?
Admittedly, due to the proof required, discrimination lawsuits can be difficult. In order to win a discrimination lawsuit, the employee must prove that he/she was discriminated against based on race, gender, disability, sex, etc.
What do you get out of a discrimination lawsuit?
Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).
How much compensation will I get?
The amount you can claim depends on a variety of factors including the type of injury you've suffered. Two main considerations are taken into account when calculating your compensation: Your pain, suffering and the impact of your injury on your ability to do your usual activities.
How much can you get out of pain and suffering?
The Multiplier method adds up all incurred costs like medical bills, lost wages, etc. along with inevitable future costs. It then takes that total and multiplies it 1.5 to 5 times that amount depending on the severity of the pain, suffering, and emotional distress.
How much is reasonable compensation?
Reasonable compensation is the value that would ordinarily be paid for like services by like enterprises under like circumstances. Reasonableness is determined based on all the facts and circumstances.