Legal Question in Discrimination Law in California

Emotional Distress Compensation

I filed a discrimination complaint(through my union)against my supervisor. The company investigated and ruled in my favor. They've agreed to promote me with retroactive pay for 3 years, approx. $35,000. They're also willing to pay for emotional distress and want me to suggest a dollar amount. What would you consider adequate additional compensation for 3 years of heartache? 20% of my settlement? 200% ? Help!

Asked on 2/17/01, 11:42 pm

2 Answers from Attorneys


Re: Emotional Distress Compensation

Only you know what you went through. Did you accrue any doctor's bills? Self medicate with alcohol or drugs to cope? Were you subjected to derision? These are factors to consider. I would ask for three to five times your economic damages, i.e. $ 100,000.00 to $ 150,000.00.

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Answered on 4/03/01, 10:37 am
John Ferry Law Offices of John C. Ferry

Re: Emotional Distress Compensation

The short answer is whatever you can get, there are no set rules. However a jury would probably give you 100% -- that is, they would double your 'hard damages.' So that is a goal to shoot for. Ask for $50K and be prepared to negotiate and when you think they are as high as they are going to go, settle.

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Answered on 4/02/01, 7:33 am

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