EEO Remedies
The overarching goal of the Equal Employment Opportunity (EEO) complaint process is to provide you with an outcome that will put you in the same position (or nearly the same) as you would have been if the discrimination had never occurred. This is why the EEO Counselor will ask you to provide a remedy that will “make you whole” when you initially file your EEO complaint.
I have to admit though, this concept struck me as bizarre. How could I put a dollar amount on my broken self-confidence from years worth of demeaning sexual harassment? Or the nights spent laying awake, wondering if I would be losing my job after my supervisor’s retaliatory threats. Where do you begin to calculate “emotional distress damages''?
If you feel the same way, then don’t worry. Your remedy request is largely subjective, and therefore, only you know what will “make you whole.” In reality, none of the remedies will truly compensate you for these painful experiences, but here are some recommendations to help you maximize your remedy request.
1. Use a Combination of Remedies
Even in the most clear-cut situation of, say a bonus that wasn’t awarded due to discrimination, simply awarding the employee the bonus doesn’t account for the time, energy, and stress of the endless emails and calls with upper-level management and an EEO Counselor. Because of this, I recommend using a combination of all remedies that may apply to your situation, such as:
Compensatory Damages
Lost wages
Emotional distress and physical pain or suffering
Attorney’s fees
Reinstatement to your job
Changes to your employer’s policies and practices and meaningful actions to prevent discrimination in the future
Punitive damages - awarded to punish an employer who has committed an especially malicious or reckless act of discrimination
2. Include Your Employee Benefits
When calculating compensatory damages of lost (past or future) gross pay, don’t forget to include benefit contributions made by your company or agency, such as:
Accrued paid or sick leave
Retirement (401k, Thrift Savings Plan, etc.)
Health insurance
Life insurance
3. Know Your Remedy Limit
It is important to know that there are federal legal limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer:
Employers with 15-100 employees have a remedy limit of $50,000
Employers with 101-200 employees have a remedy limit of $100,000
Employers with 201-500 employees have a remedy limit of $200,000
Employers with >500 employees have a remedy limit of $300,000
4. Know Your Worth & Don’t Settle (too soon, or possibly at all)
Sexual harassment cases are often resolved out of court through a settlement payment, with the average settlement being under $37,000. When harassment lawsuits go to trial, however, the average payout increases to $217,000.
I understand that the EEO complaint process can be exhausting, and that the stress of a court case can drastically add to your mental load. I want you to remember, however, that by accepting a settlement offer too soon, you may be leaving a substantial amount of money on the table. Your attorney will hopefully be able to provide some guidance, but only you know if you have the time and energy to hold out for a higher payout.
Lastly, bringing a case to trial can enact change in a broken system. Oftentimes, legal consequences are the only way to correct deeply ingrained discriminatory practices in a workplace. You may drastically benefit others in your same position by putting your story on public record.
If you are experiencing, sexual harassment, retaliation, or any other form of workplace discrimination, feel free to reach out to me at hello@kendallsimon.com for support and guidance.
***Disclaimer: These are merely my recommendations based on my personal experience. I am not legally responsible for any decisions made based on the information provided.***