What happens if you win an EEOC case?
Asked by: Mr. Cielo Casper | Last update: September 19, 2025Score: 4.9/5 (10 votes)
If the EEOC finds in my favor, will they take my case to court? If the EEOC finds discrimination, we issue a "Letter of Determination" to you and your employer that explains our finding. EEOC then works with both of you to fix the situation.
What is the average EEOC award?
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.
What happens when the EEOC determines that an employer is 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 do you get if you win an EEOC case?
A: The amount the EEOC awards for employment discrimination varies based on the size of the employer. For employers with 15 to 100 employees, the maximum award is $50,000. For 101 to 200 employees, the limit increases to $100,000, and it increases further to $200,000 when the employer has 201 to 500 employees.
What is a typical settlement in an EEOC mediation?
Though the EEOC does not report official average settlement amount numbers, the average monetary payout of a settled case, according to these numbers, would be $24,968.11. Keep in mind, however, that not all EEOC settlements involve monetary payouts.
Evidence to Advance an EEOC Claim- Tips for Employees
How long after mediation will I get my money?
How Long After Mediation Will I Get My Money? You can expect to receive your settlement check four to six weeks after signing the agreement. However, it might take longer to receive your check if the case is complex.
Who makes the first offer in mediation?
First, it is traditional for the plaintiff to start. (It confuses the defense when they don't want to; and not in a good way.) Second, plaintiff brought the case. Presumably, plaintiff knows the value of his or her claims.
What makes a strong EEOC case?
The EEOC bases its investigations on the facts presented by the employee. Without strong evidence, even legitimate claims may be dismissed. A compelling case demonstrates the actions taken against you, provides context, and establishes a clear connection to discrimination or retaliation.
How much should I ask for in a discrimination settlement?
Average Disability Discrimination Settlements in California
The average settlement for a disability discrimination case can range from around $25,000 to $500,000. Less complex cases often settle for about $100,000 or less, while more involved cases can exceed $1,000,000.
What are typical EEOC settlements?
The average settlement for employment discrimination claims is about $40,000, according to the EEOC. While many cases settle out of court, some proceed to trial, making settlement amounts variable.
Can the EEOC award damages?
While there is no precise formula for determining the amount of damages for non-pecuniary losses, excluding expenses incurred by the complainant, the EEOC has held that the award should reflect the nature and severity of the harm and the duration or expected duration of the harm.
Are employers afraid of EEOC?
Employers receiving an EEOC complaint can often leave them feeling confused, angry, or afraid. While facing an investigation by a federal agency might seem daunting, it initially involves just an investigation.
What happens if EEOC finds reasonable cause?
If EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known ...
Is it worth suing your employer for discrimination?
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
What makes a strong retaliation case?
What Makes a Strong Retaliation Case? A strong retaliation case has clear evidence linking an employee's protected action, like reporting harassment, to an adverse reaction from the employer. Demonstrating this connection can lead to a successful retaliation settlement.
Do you get money from EEOC?
If the EEOC finds discrimination, we will work with your employer to fix the situation. You could receive money damages as part of that process. We also can seek promotions, reinstatement, and other workplace changes for you.
What is a reasonable settlement offer?
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 much does the EEOC payout per person?
In 2020, 6,272 discrimination cases were resolved by EEOC mediation, resulting in $156.6 million in monetary benefits. This makes the average settlement amount approximately $25,000 per claimant. But remember that not all cases are the same, so your case might be worth significantly more or less than the average.
How much can I sue my employer for emotional distress?
The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances. You would need one or more medical opinions to support this claim and be prepared to have those medical advisors testify in court.
Will I win my EEOC case?
The chances of winning an EEOC case depend on various factors, such as the strength of evidence, the specific details of the case, and applicable laws. If you're unsure about your chances of winning your EEOC case, the wisest course of action is to consult with an attorney.
What words scare human resources?
Words like "harassment," "discrimination," and "lawsuit" are heavily loaded with legal implications, which can put HR on high alert. By using descriptive, neutral language, you can convey your concerns without triggering a defensive reaction.
What should I ask for in my EEOC settlement?
Settlements of EEO disputes may contain monetary payments that are independent of any personnel action, provided that the monetary payment does not exceed the amount of back pay, attorney's fees, costs, or damages the employee would have been entitled to in the case if discrimination had been actually found.
What is the average settlement offer during mediation?
Mediation is a process that often provides parties the opportunity to reach settlement agreements, though average offers tend to range from 20-50% of damages. It's important for both involved in mediation sessions and negotiations.
Who ultimately decides whether to accept an offer to settle a case?
Understanding Your Role in Decision-Making
Although your attorney will provide advice, you are the one who ultimately decides whether to accept or reject any settlement offers.
Is it better to settle in mediation?
Mediation typically results in settlement when the parties are able to find a resolution to the case that, all things considered, is better for everyone involved than continued litigation. Factors that favor settlement over litigation include speed, cost, certainty, control, risk reduction and flexibility.