Employment Discrimination Settlement Calculator

Estimate an employment discrimination claim: back pay, front pay and emotional distress and punitive damages under the federal caps by employer size.

A rough estimate, not a prediction or an offer. Real settlements depend on the facts, the insurance available and negotiation. Talk to a personal injury attorney about your case.

Your numbers

Example figures shown. Replace them with yours.
Employer size (employees)
Your estimateEstimate · Employment discrimination
Your estimate…
The math

What a discrimination claim can recover

Under Title VII, the ADA and related federal laws, a worker who proves discrimination or retaliation can recover:

  • Back pay: lost wages and benefits from the job loss to the resolution, minus earnings from new work
  • Front pay: future lost pay when reinstatement is not practical
  • Compensatory damages: emotional distress and other non-wage losses
  • Punitive damages: for malice or reckless indifference (not available against government employers)

Federal damage caps

Compensatory and punitive damages combined are capped by employer size (42 U.S.C. § 1981a(b)(3)):

EmployeesCombined cap
15 – 100$50,000
101 – 200$100,000
201 – 500$200,000
More than 500$300,000

Back pay and front pay are not capped. Many state laws allow uncapped damages, and claims under 42 U.S.C. § 1981 for race discrimination are not capped.

Short deadlines

A charge must usually be filed with the EEOC within 180 days, or 300 days where a state agency also enforces a discrimination law. Back pay is limited to two years before the charge.

Questions people ask

What is the average employment discrimination settlement?

It varies widely. Many settle for less than a year’s pay, while strong cases with large employers reach far higher.

Are discrimination settlements taxable?

Back pay is taxable as wages, and emotional distress damages are generally taxable unless tied to a physical injury.