Compensatory Damages 101, Your Guide To Emotional Distress

Generally speaking, recoverable damages in Title VII cases fall under three broad categories, including (1) economic damages (front pay, back pay, prejudgment interest), (2) compensatory (non-economic) damages, and (3) punitive damages (based on courts’ moral judgment as to whether the defendant engaged in the unlawful misconduct willfully or with bad faith). Nonetheless, irrespective of any other damages awarded, the cap for Title VII is $300,000. However, as mentioned in Part A of Part XXIII of the previous series, this cap is for employers with 501 or more employees, pursuant to 42 U.S.C. § 1981a(b)(3) of Title VII. Compensatory Damages in Title VII Cases Compensatory damages, also called non-economic damages, entail those damages awarded to a prevailing party as compensation for the emotional distress, suffering, and pain they have undergone because of the unlawful conduct (such as discrimination, harassment, and/or retaliation) of a defendant. Technically speaking, assuming that a plaintiff prevails in a Title VII trial, there are three levels of compensatory damages. 1. Level I (Garden Variety) - this level is considered when the evidence presented at a trial is limited to the testimony of the plaintiff. 2. Level II (Significant Emotional Distress) – this level is considered in cases where a court finds that a plaintiff suffered significant emotional distress. 3. Level III (Egregious Emotional Distress) – in this case, a court may find sufficient evidence that the defendant engaged in outrageous and despicable behavior or conduct, which substantially impacted the plaintiff. In a legal context, such conduct could be described as behavior that “shocks-the-conscience.” We invite you to read our blog accessible at https://milettilaw.com/blog/f/compens... for detailed information concerning the recovery of these damages. As the #MostJackedAttorneyNYC, whether in the Gym Room or the Court Room, we are your authoritative force. Enjoy the series to come.