The toll that being discriminated against, harassed, or retaliated against at work can take on you is significant. Not only does it affect your ability to earn a living and provide for your family, but it can also have profound emotional and psychological impacts on you. This damage is certainly real, which is why California offers legal protection for victims of this treatment in the workplace.
Under the Fair Employment and Housing Act (FEHA), you can take legal action against your employer for subjecting you to discrimination, harassment, or retaliation. Part of this legal action involves recovering damages, but this can be a complex and challenging process. Thus, it’s important to understand how these damages are calculated and what you can do to make sure you’re receiving a fair amount as it relates to your case.
Work With Experienced California Employment Lawyers
Understanding how to calculate damages in FEHA cases is crucial for victims seeking justice for the harm they have suffered. At Maison Law, our team of experienced employment lawyers can guide you through the legal process and help you calculate the extent of any damages you suffered. We can also help assess the specific circumstances of your case and determine the appropriate damages to seek. To get started, contact us today for a free, no-obligation consultation.
What is the California Fair Employment and Housing Act?
Put simply, the California Fair Employment and Housing Act (FEHA) is the main law that protects you and other employees from discrimination, harassment, and retaliation in the workplace. It applies to workplaces with more than five employees, specifically outlawing discrimination or harassment based on certain characteristics that employees may have, such as:
- Race
- Color
- National origin
- Ancestry
- Religion
- Sex
- Gender identity
- Gender expression
- Sexual orientation
- Marital status
- Age
- Disability
- Medical condition
- Genetic information
- Military or veteran status
In the context of the workplace, discrimination and harassment can take several forms, including:
- Refusing to hire, promote, or provide equal pay to an individual
- Terminating, demoting, or disciplining an employee
- Creating a hostile work environment by engaging in unwelcome conduct that is severe or pervasive enough to interfere with an individual’s ability to do their job or to create an intimidating, hostile, or offensive work environment
- Retaliating against an individual who has complained about discrimination or harassment or who has participated in an investigation or legal proceeding related to discrimination or harassment.
Examples of workplace harassment can include the following:
- Making derogatory comments or jokes
- Displaying offensive or derogatory images
- Physical threats or intimidation
- Sexual advances or requests for sexual favors
- Differential treatment or exclusion
FEHA also prohibits retaliation against individuals who have opposed discriminatory practices or participated in investigations involving the same. Retaliation, like discrimination and harassment, can take many forms. Usually, it includes:
- Termination, suspension, or demotion of an employee for engaging in protected activity
- Threatening or intimidating an employee for engaging in protected activity
- Denying training, promotion, or other employment opportunities to an employee for engaging in protected activity
- Altering an employee’s work schedule or job duties in retaliation for engaging in protected activity
- Spreading false rumors or making negative comments about an employee who has engaged in protected activity.
There are two keys to discrimination, harassment, and retaliation under the FEHA:
- You have to possess one of these protected characteristics or engage in protected activities
- Your employer has to take adverse action that is motivated by your protected characteristics or activity.
If these two elements are present in your situation, you likely have a viable claim for damages.
What Damages Are Available in a FEHA Discrimination, Harassment, and Retaliation Claim?
There are two ways to file a claim for damages for suffering discrimination, harassment, or retaliation under the FEHA:
- Filing a complaint with the California Department of Fair Employment and Housing (DFEH)
- Filing a civil lawsuit
The damages available in a FEHA discrimination, harassment, and retaliation claim may vary depending on the specific circumstances of the case. However, the following types of damages may be available:
- Economic damages – These are tangible losses that an employee has suffered as a result of the discrimination or retaliation, such as lost wages, lost benefits, or out-of-pocket expenses related to the discrimination or retaliation.
- Non-economic damages – These are intangible losses that an employee has suffered as a result of discrimination or retaliation, such as emotional distress, humiliation, or damage to their reputation.
- Punitive damages – These are damages that are intended to punish the employer for particularly egregious conduct and to deter similar conduct in the future.
- Attorneys’ fees and costs – If an employee prevails in a FEHA discrimination, harassment, or retaliation claim, they may be entitled to recover their attorneys’ fees and costs incurred in pursuing the claim.
The actual amount of damages awarded in a FEHA claim will depend on a variety of factors. In some cases, you may also be entitled to injunctive relief, such as reinstatement or a change in the employer’s policies or practices.
How Are Damages Calculated in a FEHA Discrimination, Harassment, and Retaliation Claim?
Calculating damages in a California FEHA discrimination, harassment, or retaliation claim can be complex and depends on the specific facts of your particular case. However, the following factors may be considered in determining the actual amount of damages:
- Severity of discrimination, harassment, or retaliation – The more severe the conduct, the higher the potential damages. For example, if you suffered ongoing and severe harassment, they may be entitled to greater damages.
- Duration of the conduct – The longer you were subjected to discrimination, harassment, or retaliation, the higher the potential damages.
- Harm – The damages will depend on the actual harm you suffered, such as lost wages, medical expenses, emotional distress, and damage to your reputation.
- Your employer’s behavior – If your employer acted with malice or reckless disregard for your rights, punitive damages may be awarded in addition to compensatory damages.
- Mitigating factors – In these claims, you have a duty to mitigate your damages by seeking new employment or taking other reasonable steps to minimize your losses.
To calculate damages, our team can help you gather evidence to support your claims, such as
- Payroll records
- Medical bills
- Text messages or emails
- Witness statements
Further, it’s typical to hire an expert witness to provide testimony on the economic and non-economic damages suffered by the employee. This can include mental health professionals or an accountant to calculate your lost wages.
Overall, there are numerous factors to calculating your damages in a FEHA discrimination, harassment, and retaliation claims. Not only that, but following the proper procedure is extremely important to your ability to recover these damages. That’s where our team of experienced employment lawyers can be crucial. We can help you navigate the legal process and make sure you have the evidence and documentation you need to fully pursue your claim.
Maison Law Can Help You Recover From Workplace Discrimination, Harassment, or Retaliation
If you have experienced workplace discrimination, harassment, or retaliation in California, you don’t have to suffer in silence. At Maison Law, we’re here to help you recover and seek justice for the harm you have endured. Our team of experienced California employment lawyers has a deep understanding of the FEHA and can provide you with expert guidance and support throughout the legal process.
We believe that everyone has the right to a safe and respectful workplace, and we are committed to fighting for your rights. Contact us today to schedule a free, no-obligation consultation and take the first step toward recovery.
