The amount you can receive from a workplace discrimination lawsuit depends on your evidence, damages, and the severity of your employer's conduct. While some cases could settle for $5,000 to $100,000, others involving serious or repeated discrimination can reach six or seven-figure settlements. The answer isn't simple because discrimination settlements and verdicts vary widely based on the specific circumstances of your case. 

Below, I explain what determines your potential payout and what you might expect from a discrimination claim in California. You will learn the factors that influence settlement amounts, the types of damages you can recover, and what you can realistically expect from a discrimination lawsuit.

If at any point you would like to speak with a workplace discrimination attorney about your claim, simply fill out the form on this page to schedule your free consultation with Kingsley Szamet Employment Lawyers.  With $300 million in verdicts and settlements, and 29 years experience, our firm has helped victims just like you navigate the legal system and get justice.

Key Points - Table of Contents

• What is the Average Settlement for a Discrimination Lawsuit?
• Types of Damages In A Discrimination Case
• Settlement Examples by Case Type
• Understanding the EEOC Process and How It Affects Your Payout
• Timeline of a Discrimination Lawsuit
• Consulting With An Experienced Attorney
• What Are The Odds Of Winning A Discrimination Case?
• How Much Should I Ask For In A Discrimination Case?
• Los Angeles Discrimination Attorney
• Frequently Asked Questions

What is the Average Settlement for a Discrimination Lawsuit?

There is no single nationwide "average" that fits every employment discrimination lawsuit because outcomes vary dramatically based on the law involved, your provable damages (lost wages, benefits), non-economic harm (emotional distress), the strength of evidence, and whether a case proceeds to trial or resolves early. Some plaintiff-side estimates and calculators cite common single-plaintiff settlement ranges in the $5,000 to $100,000 area for typical out-of-court resolutions, but this is a rough industry estimate rather than an authoritative government statistic. High-value cases, including class actions, can reach millions of dollars. For EEOC-sponsored mediations, recent snapshots put average mediation outcomes in the low-to-mid-$20,000s in some years, but results vary widely.

What Factors Determine the Amount of a Discrimination Settlement?

Several critical factors influence how much compensation you might receive in a discrimination lawsuit. Understanding these elements can help you assess the potential value of your case:

• The Strength and Type of Your Evidence: Documentation like emails, text messages, performance reviews, and witness testimony significantly strengthen your case and increase its settlement value.
• The Severity and Duration of the Discrimination: Cases involving prolonged or egregious discrimination typically result in higher compensation than isolated incidents.
• Provable Damages: The extent of your financial losses, including lost wages and benefits, along with documented emotional distress directly impacts your settlement amount.
• The Employer's Size and Conduct: Larger employers with deeper resources and a history of discrimination complaints may face higher settlements, particularly if punitive damages are warranted.
• Your State's Laws: State laws vary considerably in their protections and damage caps. For example, California has different statutory limits than Texas, which can significantly affect your potential recovery.
• The Quality of Your Legal Representation: An experienced employment discrimination attorney who knows how to negotiate effectively and present compelling evidence can substantially increase your settlement value.

What Types of Damages Can You Recover in a Discrimination Lawsuit?

Here are some of the common types of damages you may seek in a workplace discrimination case:

Back pay

The term "back pay" refers to lost earnings as a result of the discrimination, from the date of the discriminatory act to the date of the settlement or judgment in the plaintiff's favor. 

For example, if you earned $70,000 per year and were out of work for 2 years due to wrongful termination, your back pay claim could start at $140,000.

Front pay

This refers to lost earnings as a result of the discrimination. Front pay essentially compensates you for wages you will likely lose in the future as a result of the act of discrimination. The end date for the front pay depends on how long you continue to lose pay. 

For example, if you are able to show evidence that you won't be able to find another job for six months or a year, you will be awarded front pay for that duration. A plaintiff can prove this by bringing forth an expert to testify at the trial.

Lost Benefits

As part of a workplace discrimination lawsuit, you may also be able to recover damages for lost job benefits. 

Examples of lost benefits can include health care coverage, dental and vision coverage, pension or 401k plans, stock options and other types of profit-sharing plans. While it can be challenging to quantify the value of lost benefits in dollars, your employment lawyer will be able to do so with the help of a qualified expert. 

Attorney's fees

In addition to the damages you may be able to recover for your losses, you may also be able to ask for and get attorneys' fees. This means that the defendant will have to pay the amount you spent in attorneys' fees. This also means that the fees won't cut into your monetary recovery. A majority of plaintiffs' attorneys work on a contingent fee basis, which means they take a percentage of what they recover for you as their fees.

Punitive damages

Punitive damages are intended to punish or deter defendants from engaging in especially egregious conduct. The amount of such damages is entirely up to the jury. Under federal law enforced by the EEOC, the limits on compensatory and punitive damages combined depend on employer size.

Punitive damages example: Take small businesses with fewer than 100 employees, they're looking at a maximum payout of $50,000. But scale up to 101-200 employees, and that number jumps to $100,000. The more employees, the bigger the potential damages: $200,000 for 201-500 employees and a whopping $300,000 for corporations with over 500 employees.

Employer Size	Max Punitive & Compensatory Damages
15 - 100	$50,000
101 - 200	$100,000
201 - 500	$200,000
501+	$300,000

Emotional Distress Damages

When it comes to discrimination in the workplace, in addition to monetary losses, victims could suffer a significant amount of emotional distress as well. Emotional distress could cover a range of issues in the context of a workplace discrimination lawsuit including but not limited to depression, anxiety, inability to sleep, loss of life's enjoyment, harm to one's reputation and strained relationships with family members and friends.

In order to receive damages for pain and suffering, plaintiffs must prove that their employer's discriminatory behavior caused the emotional harm they suffered. Some of the important issues to consider when you are trying to evaluate the extent of emotional distress damages in a discrimination lawsuit include:

• The severity of the discriminatory behavior.
• The time period for which the discriminatory behavior lasted.
• The severity and duration of the emotional harm.
• If the plaintiff sought counseling or professional treatment from a psychiatrist, psychologist, counselor or some other professional.

Proving Emotional Distress 

If you are seeking compensatory damages for emotional distress in a workplace discrimination case, you need to provide evidence that you did in fact suffer emotional distress.

Emotional Distress Example: If you say that your discrimination caused you to suffer depression, you may have to provide medical evidence or testimony from a psychiatrist, psychologist or counselor who can corroborate the fact that you went into depression as a result of mistreatment, in this case, discrimination at work. 

How to Prove Emotional Distress

• Provide medical evidence or testimony from a mental health professional (optional but helpful).
• Keep a journal detailing your experiences and feelings.
• Save emails, texts, or memos showing the impact on your well-being.
• Ask friends, family, or co-workers for statements supporting your emotional harm.

Proving emotional distress can be challenging and complex. It is important to preserve any type of evidence that shows the extent of emotional harm that was caused and consult with an experienced Los Angeles workplace discrimination lawyer who can help you navigate what can be a lengthy process and assist you with compiling crucial evidence that could help bolster your case and maximize your chances to receive fair compensation for your losses.

Settlement Examples by Case Type

While every discrimination case is unique, examining settlement ranges for specific types of discrimination provides helpful context for what you might expect. The value of your case depends on your particular circumstances, but these examples illustrate how different discrimination claims typically resolve.

• Age Discrimination Settlements: Age discrimination cases are covered under the Age Discrimination in Employment Act (ADEA) and often involve employees over 40 who were passed over for promotion, laid off in favor of younger workers, or subjected to age-related harassment. Settlement amounts vary widely based on lost wages, the strength of evidence, and case-specific factors. For instance, a 55-year-old manager terminated and replaced by someone half their age, with emails referencing "new blood," might negotiate a substantial settlement depending on their salary and documentation. Under the ADEA, liquidated damages can equal back pay in cases of willful violations.
• Retaliation Claim Settlements: Retaliation occurs when an employer punishes an employee for filing a discrimination complaint, participating in an investigation, or engaging in other protected activity under Title VII and other civil rights laws. These claims are particularly common and can significantly increase your case's overall value. Settlement amounts depend on the severity of the retaliatory actions and whether they're well-documented. A case where an employee filed an EEOC complaint and was then demoted, given poor performance reviews, and eventually terminated often results in meaningful compensation.
• Race, Gender, or Disability Discrimination Settlements: Race discrimination cases under Title VII often involve unequal treatment in hiring, promotion, discipline, or termination based on an employee's race or ethnicity. Settlement values depend on the severity and duration of discrimination. Gender discrimination, including cases involving pregnancy discrimination or unequal pay under the Equal Pay Act, varies in settlement amounts based on wage disparities and harm suffered. Disability discrimination cases under the Americans with Disabilities Act (ADA) arise when employers fail to provide reasonable accommodations or terminate employees due to their disabilities. These cases often involve substantial damages when employers refuse to engage in the interactive accommodation process.
• Other Forms of Discrimination: The same principles of calculating damages apply to other forms of illegal discrimination protected under federal law, including discrimination based on religion, national origin, pregnancy, or medical conditions. Whether you're facing discrimination in employment, housing, or other contexts, federal and state laws provide remedies, and you can pursue compensation through administrative processes or lawsuits.

Understanding the EEOC Process and How It Affects Your Payout

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination, including Title VII, the ADA, the ADEA, and the Equal Pay Act. The EEOC process plays a crucial role in most employment discrimination cases and directly impacts your potential compensation.

• What is an EEOC Complaint? An EEOC complaint, formally called a charge of discrimination, is a sworn statement alleging that an employer engaged in discrimination based on protected characteristics like race, gender, age, disability, or religion. Filing an EEOC charge is typically required before you can file a lawsuit in federal court for discrimination claims covered by federal laws, with exceptions such as the Equal Pay Act which allows direct filing. You generally must file an EEOC charge within 180 days of the discriminatory act, or 300 days if a state or local agency enforces a similar anti-discrimination law.
• How Serious is an EEOC Complaint? For employers, EEOC complaints are very serious matters. An EEOC charge triggers a formal investigation into the employer's practices, requires the employer to respond with detailed information and documentation, and creates potential legal and financial liability. Employers often engage legal counsel immediately upon receiving notice of an EEOC complaint because these charges can lead to costly litigation, damage to reputation, and potential pattern-or-practice investigations affecting their entire workforce.
• EEOC Mediation & Conciliation Settlement Amounts: The EEOC offers voluntary mediation as an alternative dispute resolution method, typically occurring early in the process and often resolving cases relatively quickly. Some reported average mediation outcomes fall in the low-to-mid-$20,000 range in recent years, though settlement amounts depend entirely on case facts. If mediation fails, the EEOC may investigate and attempt conciliation. These settlements are generally faster than litigation but outcomes vary significantly based on the strength of your case and provable damages.
• From EEOC to Lawsuit: If the EEOC does not resolve your case through mediation or conciliation, it issues a Notice of Right to Sue, which allows you to file a lawsuit in federal or state court. After the EEOC issues a Right to Sue letter, you typically have 90 days to file a federal lawsuit. Cases that proceed to litigation generally have higher potential payouts because they allow for more comprehensive discovery, the possibility of trial, and often motivate employers to offer more substantial settlements.

Timeline of a Discrimination Lawsuit

1. Initial Consultation
2. Filing with DFEH/EEOC
3. Investigation
4. Discovery (Evidence Exchange)
5. Mediation/Settlement Negotiations
6. Trial (if necessary)

Consulting With An Experienced Attorney

Speaking with a knowledgeable Los Angeles employment discrimination attorney can be critical when it comes to making decisions that are in your best interest. Too many employees research online and take action that makes their situation even worse. The attorneys at Kingsley & Kingsley Lawyers are here to help. They provide free consultations that will answer your questions and give you the information you need to make a decision about what you should do next.

Our skilled employment lawyers in Los Angeles, CA have four decades of experience fighting for the rights of employees and holding at-fault employers accountable. As an experienced law firm they can help you understand what to ask for in a discrimination settlement. Their no-win-no-fee warranty ensures that you pay only if they recover compensation for you. They understand that facing any type of discrimination can take a physical, emotional and financial toll on you and your family. If you have faced workplace discrimination and would like some help, call their office at (818) 990-8300 for a free, comprehensive and confidential consultation.

Largest Discrimination Settlements

Some of the largest discrimination settlements that have been reached include the following:

• Black Farmers Discrimination Lawsuit: A $1.25 billion settlement was reached in a discrimination case on behalf of 33,000 Black farmers.
• Southern California Edison: A jury awarded $464.5 million in damages to two plaintiffs in a case involving sexual and racial harassment and retaliation.
• Countrywide Financial: The Department of Justice reached a $335 million settlement to resolve allegations of lending discrimination.
• Disney: A $43.25 million class-action settlement was approved in a gender pay discrimination lawsuit alleging that women were paid less than their male counterparts. 

It's important to note that every discrimination case involves distinct circumstances, and these settlement amounts should not be interpreted as predictive of outcomes in other cases.

What Are The Odds Of Winning A Discrimination Case?

Your chances of winning a discrimination case are much higher if you have the evidence and documentation to support your claim of discrimination. Such evidence could be direct or circumstantial. Our Los Angeles discrimination lawyers strongly recommend that clients document incidents of discrimination or harassment as they occur. It would be in your best interest to keep a log or journal of specific acts or statements made by your supervisor, colleague or even client or customer, which are discriminatory in nature or that constitute being sexually harassed.

It is imperative that you save any emails, memos or written correspondence that shows such discrimination. You must do so in a location where you can readily access it. This means, it is not a good idea to store your evidence in an office computer. Keep it in your personal computer at home where you can readily access it when needed. Once you file a complaint, our attorneys will help compile and present the evidence. Our employment lawyers may also be able to obtain your personnel files and other key evidence that will help significantly strengthen your claim and significantly improve your chances of winning.

How Much Should I Ask For In A Discrimination Case?

There are a number of factors that could have an impact on how much compensation you can seek in a discrimination case. Here are some of those factors:

• The strength of your evidence
• The nature and extent of damages you suffered as a direct result of the discrimination
• How outrageous was your employer's discriminatory conduct?
• Did your employer have a history or track record of discriminatory behavior or allowing such conduct to take place?
• Does your employer have sufficient resources to pay a judgment?
• If your employer has an insurance policy to cover these types of claims, how much are those policies worth?

It can be challenging to predict what your discrimination case may be worth. A majority of these cases get settled out of court, but some do go to trial. Depending on the facts and circumstances of the case, settlements or verdicts can climb to seven figures. An experienced Los Angeles workplace discrimination lawyer can help analyze all aspects of your case and determine the value of your claim.

Getting Help From a Top Los Angeles Discrimination Attorney

Hiring an experienced employment discrimination attorney in your area significantly increases your chances of obtaining fair compensation.  Contact our experienced Los Angeles employment discrimination attorneys for a free, confidential case evaluation. We'll review your situation, explain your legal options, and help you understand what compensation you may be entitled to receive. Call us today to take the first step toward justice and fair compensation for the discrimination you've experienced.

Frequently Asked Questions

How long do I have to file a discrimination claim in California?

In California, you generally have one year from the date of the discriminatory act to file a complaint with the Department of Fair Employment and Housing (DFEH), though this may be extended to three years in some cases. For federal discrimination claims, you typically have 180 days to file with the Equal Employment Opportunity Commission (EEOC), but this extends to 300 days in states like California that have their own fair employment agencies. Because every case is unique, it's important to speak with an attorney to know what is applicable for your situation.

Can I be fired for suing my employer?

No, California law prohibits employers from retaliating against employees for filing discrimination, harassment, or other workplace-related lawsuits. However, employers can still terminate employees for legitimate business reasons unrelated to the lawsuit, so it's important to document any potential retaliatory behavior and consult with an employment attorney if you believe retaliation has occurred.

What evidence do I need to prove my case?

You'll need evidence that demonstrates both the discriminatory treatment occurred and that it was based on a protected characteristic like race, gender, age, or disability. This can include documentation such as emails, performance reviews, witness statements, records of complaints made to HR, patterns of different treatment compared to similarly situated employees, and any direct evidence of discriminatory comments or behavior by supervisors or coworkers.

Can you sue for discrimination?

Yes, you can sue for discrimination in employment, housing, or public accommodations based on protected characteristics like race, gender, age, religion, or disability. However, for workplace discrimination, you typically must first file a complaint with the EEOC or state agency before pursuing a lawsuit in court.

What can you ask for in an EEOC settlement?

In an EEOC settlement, you can request monetary damages including back pay, front pay, emotional distress compensation, and punitive damages, as well as non-monetary relief such as job reinstatement, policy changes, training programs, and written references. Settlement agreements may also include provisions for ongoing monitoring of the employer's compliance with anti-discrimination laws.

How long do discrimination settlements take?

Discrimination settlements typically take anywhere from several months to several years, depending on the complexity of the case and whether it's resolved through agency mediation, private negotiation, or litigation.

Is it worth filing a discrimination lawsuit?

Filing a discrimination lawsuit is worth considering if you've experienced illegal discrimination that caused significant harm, you have evidence to support your claims, and the potential compensation justifies the time and emotional investment required. An attorney can help you evaluate whether pursuing legal action makes sense for your situation.