Damages in New Jersey Employment Law Cases Involving Harassment and Discrimination

A common question of potential clients is "what am I entitled to if I prevail in a lawsuit for discrimination or harassment?" New Jersey's Law Against Discrimination permits a successful Plaintiff to possibly receive compensatory damages, punitive damages, attorneys' fees and costs of suit. The ultimate damages you will be entitled to will be determined by a court and a jury.

Compensatory Damages

The first element of damages are compensatory damages. Compensatory damages are provided to a Plaintiff in order to make them "whole" for their loss. Compensatory damages are limited to back pay, front pay and emotional distress damages.

Back Pay

Back pay is calculated based on your previous wage, benefits, bonus and commissions that were lost due to the illegal harassment or discrimination by your former employer. Any back pay you will be entitled to is reduced by the amount of money that you receive after being terminated by the employer. This is known as "mitigation" and you are required by law to mitigate your damages pursuant to the Law Against Discrimination. Back pay is calculated based on the compensation lost from the date of the termination of your employment until the date of the court rules in your favor.

Front Pay

Front pay compensation to cover the amount of compensation you could earn in the future. For example, if you were making $80,000 at your previous job where you suffered discrimination or harassment, and your new position pays you $60,000 - a possible front pay award would be $20,000 per year subject to your continued efforts to try and make the equivalent earnings at your previous employer. Front pay awards are calculated based on the amount of time the court determines it will take you to recover the amount of compensation you earned from your previous employer.

Emotional Distress

Emotional Distress damages compensate you for any distress you suffered due to your former employer's harassment or discrimination and the termination of your employment. The damages for emotional distress is determined on a case-by-case basis. It is extremely difficult to predict the amount of emotional distress you may receive from the court. It could range from $0 to $500,000 depending on the emotional distress you suffered as a result of the discrimination or harassment.

Punitive Damages

Punitive damages may be awarded if you are able to demonstrate that the discrimination or harassing employer was malicious in its discrimination or harassment. Punitive damages are intended to punish or prevent the discrimination or harassment by the employer from ever happening again. The court must rule that the employer intentionally discriminated or harassed you with malice or demonstrated reckless indifference to the harassment and discrimination in order to receive punitive damages.

Attorneys Fees

You are also entitled to attorneys' fees and costs if you prevail in your harassment or discrimination case. Your attorneys' fees and costs will be paid by the defendant employer if you prevail and the court finds that the employer is liable. Plaintiff's lawyers often are retained on a contingent fee basis. If their is a contingent fee arrangement, you will never be billed for the time spent by the attorneys. However, your attorney will keep their time and the attorney's time will be billed to the employer and paid as part of the damages from the defendant employer.

Please contact Castronovo & Mckinney if you have any questions regarding the potential damages in a New Jersey Discrimination lawsuit. You can reach us at (973) 920-7888.