Potential Relief in Employment Discrimination Cases

Being the victim of workplace discrimination can be a jarring experience. Not only can it result in thousands of dollars in lost wages, but also the stress and humiliation associated with it can negatively impact your quality of life. The psychological stresses of working in a hostile work environment can rise to the level of causing physical harm. Even if your employer has made some efforts to “make it right,” reinstating you to your previous position may not be enough to truly make you whole.

With the goal of both discouraging discrimination and harassment in the workplace and fully restoring victims to the status they would have had if the prohibited practices had never occurred, both state and federal employment discrimination laws offer a variety of forms of relief to victims of discrimination or hostile work environments:

• Equitable relief — Workplace discrimination laws give both courts and enforcing agencies broad powers to order employers to take action to make victims whole and prevent continued discrimination and harassment. This can include rehiring a terminated worker, granting a wrongfully denied bonus or promotion, or providing a reasonable accommodation.

• Economic compensation — Those who have suffered tangible employment actions such as termination, demotion or unpaid suspension as well as those who have been denied promotion or bonuses for discriminatory reasons can receive compensation for the wages they lost because of the discriminatory or retaliatory conduct.

• Noneconomic compensation — Workers who have suffered mental anguish, humiliation or decreased quality of life due to on-the-job discrimination, harassment or retaliation can recover monetary compensation for those losses. While a value is often difficult to assign, it is usually up to a jury if a case goes to trial.

• Punitive damages — In cases involving very serious and egregious conduct, a court may award punitive damages. These damages are not based on the victim’s actual losses but are instead intended to punish the defendant for particularly outrageous conduct and discourage other employers from allowing such conditions to exist in their own businesses.

• Attorney fees — In some employment discrimination and retaliation cases, the employer may have to pay the successful plaintiff’s attorney fees in addition to other compensation.

New Jersey workers who have suffered workplace discrimination should consider these factors when deciding if they want to pursue legal action.