Opening a workplace discrimination claim can feel daunting. You don’t want to risk months without pay if you don’t know what type of award you can negotiate. Let’s look at the average settlement for a discrimination case in Florida so you can better understand the compensation you can seek for your case.
Average Settlements for Discrimination Cases in Florida
Average settlements for discrimination cases in Florida widely vary in range, as many factors affect settlement amounts.
For example, if you’re wrongfully fired and out of work for months, losing an income of tens of thousands, your discrimination compensation could be on the higher end. If you weren’t granted a bonus because of discriminatory practices, your compensation may simply cover that bonus, meaning the number could be on the lower end. Aside from the situation behind your case, many compensation factors are at play when determining your settlement.
Factors Affecting Your Settlement
There is no one average settlement for a discrimination case because the court considers so many factors, including the following:
Case Strength and Evidence
One of the primary factors determining your discrimination compensation is your case evidence and strength. If you have astounding evidence proving your employer’s discrimination, they might offer fair compensation to avoid going to court.
Evidence might include previous emails to you or other employees displaying unfair behavior, pay stubs showing discrepancies, office camera footage, and more. If your employer knows you have this evidence, they’ll likely want to put an end to the situation quickly by settling.
If you don’t have strong evidence, don’t fret. Work with a workplace discrimination attorney who can hire private investigators, professional witnesses, and more to strengthen your case.
Damage Extent and Type
The extent of your damage directly determines your compensation amount. Damages include economic and non-economic losses, such as missed wages, legal costs, withheld benefits or promotions, pain and suffering, and more.
You can seek significant settlement awards if your economic damages amount to significant monetary losses. You may also fight for compensation for your emotional trauma from the situation, but doing so requires ample legal knowledge. Your lawyer can help you quantify various discriminatory incidents and punitive damages so you know how much a settlement award can be negotiated.
Previous Accounts of Discrimination
If your employer has a previous record of discrimination, the court may enforce a harsher punishment. While first-time offenders may pay smaller settlements on the lower end of the average settlement for a discrimination case, repeat offenders often must pay high-ticket prices.
We recommend seeking legal representation for a thorough case evaluation. You’ll need to learn about previous discrimination filings, including ones that might have been expunged or settled outside of court. You can also look for indirect discriminatory actions by combing through HR complaints, company reviews, and even survey responses.
Lawsuits vs. EEOC Claims
With discrimination claims, first, you will submit the complaint to the U.S. Equal Employment Opportunity Commission. The EEOC will review the complaint, investigate employer liability, and respond with action if they determine necessary.
If you cannot negotiate a fair settlement with your employer, you may move on to lawsuit filing. A lawsuit can offer increased compensation as lawsuits do not have settlement caps like EEOC claims, but they do come with higher risks.
Speak With a Workplace Discrimination Lawyer in Florida Today
Now that you know the average settlement for a discrimination case and the factors affecting settlement offers, call Mark J. Berkowitz, P.A., in Fort Lauderdale today at (954) 527-0570 to speak with an experienced discrimination lawyer about your case’s worth.