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Florida Labor & Employment Lawyer > Blog > Discrimination > How Are Damages Determined In An Employment Discrimination Lawsuit In Florida?

How Are Damages Determined In An Employment Discrimination Lawsuit In Florida?


Employees in Florida should not be subject to unlawful discrimination in the workplace. There are federal and state regulations in place to protect workers, including Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act of 1992. An employee who was subject to illegal discrimination on the job has the right to take legal action.

This raises an important question: How are damages determined in a Florida employment discrimination lawsuit? The answer depends on several factors, including the precise nature of what happened to the employee. In this article, you will find an overview of the key things to know about how damages are calculated in an employment discrimination claim in Florida.

Step #1: An Employee Must Prove Discrimination Was Illegal 

To recover compensation through an employment discrimination lawsuit in Florida, a worker must prove that they were actually subject to unlawful discrimination. Not all discriminatory conduct is actually illegal. For example, imagine that a supervisor declined to hire an applicant because he was a graduate of the University of Florida (UF). The supervisor went to their rival school Florida State University (FSU). While that is not a good reason to make a personnel decision, it is also not considered a form of unlawful discrimination under federal law or Florida law. Proving employment discrimination requires establishing that:

  1. You were treated less favorably than similarly situated co-workers or job applicants;
  2. The adverse treatment occurred because of a protected characteristic (race, national origin, sex, gender, pregnancy status, etc.); and
  3. Your employer is covered by a federal or state statute that prohibits the type of discrimination that you endured. 

Monetary Damages in an Employment Discrimination Claim: A Case-By-Case Issue 

Determining the value of monetary damages in an employment discrimination case requires a deep and comprehensive investigation and evaluation of the specific circumstances of the case. The proper remedy will depend on what happened and the losses (and other damages) endured by the employee. Some potential damages in a Florida employment discrimination claim may include:

  • Back Pay: Were you fired or forced to quit due to discrimination? You can generally seek compensation for the full value of back pay.
  • Front Pay: If you cannot be reinstated after leaving a position due to discrimination, you may be entitled to a period of front pay.
  • Other Compensatory Damages: Courts can often award other compensatory damages to account for out-of-pocket losses, including the time and expense it took to find another job and medical expenses endured (mental health counseling).
  • Equitable Relief: You may be entitled to equitable relief as part of an employment discrimination claim. In effect, equitable relief is non-monetary for compensation. It could include everything from getting a positive letter of recommendation to getting certain negative information expunged from your employment record. 

Get Help From a Workplace Discrimination Lawyer in Florida 

Were you or your loved one subject to unjust discrimination in the workplace? You deserve full and fair financial compensation for your damages. An experienced Florida employment lawyer can help you navigate the claims process, with a focus on seeking justice and accountability.

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