Damages: What's at stake, and why you should care

If you are found to have discriminated against, harassed, or retaliated against an employee in violation of Title VII of the Civil Rights Act of 1964, you may be liable for back pay (the difference between what an employee was paid and the amount he would have been paid if not for the employer's actions), and in some cases, front pay (the future earnings he would have received). But you can also be liable for additional amounts, and your early assessment of potential liability can often dictate the path you take when facing a claim.

Will you participate in Equal Employment Opportunity Commission (EEOC) mediation? Will you settle soon after a lawsuit has been filed? Or will you fight the case all the way to trial? Knowing the amounts for which you may be liable is critical in assessing your steps forward.

Vague testimony reduces emotional distress award

Following a jury trial in a Title VII retaliation case, a jury from the Southern District of Mississippi federal court returned a verdict in an employee's favor and awarded her $53,124 in lost wages and $100,000 in emotional damages. The employer asked the court to review the amounts, arguing the jury's award of emotional damages was excessive and the court should change the amount to $0.

The only evidence to support the employee's claim of emotional damages was her own uncorroborated testimony. Moreover, her testimony was remarkably vague.