What remedies are available if I win a Title VII discrimination case?

What the Law Says

Title VII of the Civil Rights Act of 1964 authorizes courts to award broad equitable and monetary relief to victims of employment discrimination. The statute specifically empowers courts to order affirmative remedies and compensate for losses.

Under 42 U.S.C. § 2000e-5(g)(1), if a court finds unlawful employment discrimination, it may 'order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay.'

The law also permits awards of 'front pay' when reinstatement is not feasible — this is compensation for future lost wages, determined on a case-by-case basis.

Compensatory and punitive damages are available only in cases of intentional discrimination involving race, color, religion, sex, or national origin — but only against employers with 15 or more employees. These damages are subject to statutory caps based on employer size: $50,000 for employers with 15–100 employees; $100,000 for 101–200; $200,000 for 201–500; and $300,000 for 500+ employees (42 U.S.C. § 1981a(b)(3)).

Back pay is generally limited to two years before the charge was filed with the EEOC, unless tolling applies. Courts may also award reasonable attorney’s fees and costs to the prevailing plaintiff.

Statutory Text

order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay

— 42 U.S.C. § 2000e-5(g)(1) — Enforcement provisions

What to Do

Sources