This is the fourth post in our series on the handling of Atlanta, Georgia cases involving a hostile work environment. Our last article discussed filing an EEOC Complaint against an employer. It is important to understand that you must go through the Equal Employment Opportunity Commission first or any lawsuit will be dismissed. In this post we will discuss another important topic – how to calculate damages if you have been victimized by your employer. Contact an attorney immediately if you need to bring a claim.
There are many types of employer conduct which can create a hostile work environment. These include discrimination for reasons such as age, gender, or ethnicity. Other situations may involve sexual harassment, FMLA violations, and ADA violations. The compensation and remedies an employee is entitled to will depend on the circumstances of their case. Possible relief can include reinstatement to their position, payment for lost wages and benefits, a promotion, other compensatory damages, payment for emotional distress, and possibly punitive damages.
One who is found to have missed time from work, or to have been terminated due to a hostile environment will be entitled to compensatory damages. These will include any lost wages as well as money the victim spent seeking new employment. If they had to undergo counseling to deal with the stress of the situation, then they may be entitled to their counseling fees. Calculating lost wages and benefits are a simple matter of looking at the employee’s salary and determining what they are entitled to for the amount of work missed. If the employer’s conduct was truly egregious then punitive damages, which are meant to dissuade employers from engaging in such conduct, may also be awarded.
Cases can be more complicated in a situation where it is claimed that someone was denied a promotion, an opportunity, or that they were underpaid on the basis of a protected characteristic such as race. Depending on the circumstances it may be necessary to retain an expert to establish what one should have earned in a position. The expert’s opinion will be based on examining data relevant to the field and to what people of the victim’s characteristics typically earn.
Calculating the damages caused by a hostile work environment can become complicated very quickly. Our Atlanta employment lawyers assist harassment victims with determining what it is they are entitled to. Contact our office today to schedule an initial consultation. We also service Jonesboro, Macon, Savannah, Athens, Kennesaw, Marietta, Decatur, Dunwoody, Stone Mountain, Tucker, Alpharetta, Roswell, Sandy Springs, Duluth, Lawrenceville, Lilburn, Norcross, Gainesville, as well as the counties of Bibb, Chatham, Clarke, Cobb, DeKalb, Fulton, Gwinnett, and Richmond.