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Penalties for Discrimination

The penalties for engaging in unlawful employment discrimination differ based on the violated law and the agency or court in which the penalty is assessed. All cases can have a substantial financial impact and lay the groundwork for similar claims by other employees.

Once you receive a complaint, consult with legal counsel to determine the best option for your company. Options include:

A settlement to resolve a claim before a formal complaint is filed
Mediation offered by DFEH or the EEOC after a complaint is filed

Remedies Under FEHARemedies Under FEHA
If you are found to have engaged in an employment practice that is unlawful under the FEHA, you can be required to do the following.

Compensatory and Punitive Damages Under Title VIICompensatory and Punitive Damages Under Title VII
The federal Civil Rights Act of 1991 expanded the right of plaintiffs to compensatory and punitive damages.

Front Pay Unlimited Under Title VIIFront Pay Unlimited Under Title VII
The U.S. Supreme Court created the possibility of unlimited awards in employment discrimination lawsuits in federal court, despite the $300,000 cap on damages in Title VII.

Punitive Damages Under Title VIIPunitive Damages Under Title VII
In Kolstad v. American Dental Association, the U.S. Supreme Court defined the circumstances under which punitive damages can be awarded against employers for unlawful intentional discrimination under Title VII.

Limits on Punitive Damages in Discrimination LawsuitsLimits on Punitive Damages in Discrimination Lawsuits
The U.S. Supreme Court limited a jury’s ability to grant unreasonable punitive damage awards.

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