Employment Discrimination
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If you feel you’ve been treated unfairly as an employee or job candidate due to your race, religion, sex, or other protected personal characteristic, you may be the victim of employment discrimination and entitled to compensation. However, reaching a fair and satisfactory discrimination lawsuit settlement can take months or years.
In the meantime, you may experience financial hardship. Employment lawsuit loans, sometimes called pre-settlement funding, can help you get the cash you need to pay your bills while you wait for your case to end.
When you work with USClaims, you’ll never have to undergo a credit check or repay more than twice the advanced amount of your lawsuit loan. Plus, you don’t have to pay if you don’t win your case.
Key Takeaways
- Employment discrimination is getting treated unfairly due to your age, race, color, religion, sex (including pregnancy status, transgender status, and sexual orientation), national origin, or disability status.
- If you feel you’re the victim of employment discrimination, you can file an employment discrimination lawsuit.
- The lawsuit could take a long time to resolve as discrimination claims are often hard to prove.
- An employment lawsuit loan can quickly put money in your pocket so you have the financial flexibility to wait for the compensation you deserve.
What Is Employment Discrimination?
Employment discrimination is the unfair or unequal treatment of a current employee or job candidate based on their membership in a protected class. Protected characteristics include age, race, color, religion, sex (including pregnancy status, transgender status, and sexual orientation), national origin, and disability status.
If you are discriminated against based on a category protected by law, you may have a claim of employment discrimination. The government addresses discrimination in the workplace through the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with investigating and handling employment discrimination claims.
In the U.S., employees and job candidates can pursue claims of employment discrimination if they experience any of the following:
- Age discrimination: Being treated unfavorably if you’re age 40 or over.
- Disability discrimination: Being treated unfavorably (including not being given reasonable job accommodations) due to your disability.
- Pregnancy discrimination: Being treated unfavorably because you’re pregnant or have indicated that you plan to become pregnant.
- National origin discrimination: Being treated unfavorably because of your ethnicity, accent, or hailing from a particular part of the country or world.
- Race discrimination: Being treated unfavorably because of your race or characteristics associated with race.
- Gender discrimination: Being treated unfavorably based on your gender expression, sex, or gender identity.
- Sexual orientation discrimination: Being treated unfavorably due to your sexual orientation.
- Religious discrimination: Being treated unfavorably due to your religious beliefs.
- Retaliation: Being treated unfavorably after you have engaged in a protected activity (such as filing a charge or complaint with HR).
Unfavorable treatment may include, but isn’t limited to:
- Not getting hired or promoted
- Getting paid less than your peers
- Not getting a raise
- Getting fired
- Getting a poor performance review or being put on a performance improvement plan (PIP)
If you believe you are the victim of employment discrimination, you owe it to yourself and to your future to do something about it. The first important step you should take is to consult with an experienced employment discrimination attorney.
Is It Worth Suing an Employer for Discrimination?
When you are deciding whether it is “worth” suing for employment discrimination, don’t just think about the potential monetary compensation. You should also consider the following aspects to help you weigh your options:
- Future Job Opportunities: A future employer could check court records and find your case. The company may decide it does not want an employee with that type of record, which could cost you a job opportunity.
- Benefit Other Employees: A lawsuit for discriminatory conduct by a supervisor not only benefits you but also your colleagues. If your lawsuit is successful, then the supervisor could potentially be fired, helping to create a better work environment for all.
Ultimately, you will be the one who decides if suing for employment discrimination is worth it.
How Much Is My Discrimination Lawsuit Worth?
Should your lawsuit be successful, there is a limit to the compensatory and punitive damages you can receive if your case was brought under the federal anti-discrimination law, Title VII. The limits to the damages are based on the number of employees of the employer as follows[1]:
- 15 to 100 employees, the limit is $50,000
- 101 to 200 employees, the limit is $100,000
- 201 and 500 employees, the limit is $200,000
- 500 employees or more, the limit is $300,000
Keep in mind, however, that this does not include back pay, which can then be added to the value of your case. These limits also are not all encompassing of settlements of discrimination as discrimination lawsuits can be complex and result in higher damages than those listed above.
The unique situations that each case involves means that settlements for discrimination lawsuit settlements can vary widely. However, according to the EEOC, the average settlement across 49 cases in fiscal year 2024 was roughly $700,000. Your case may result in a higher or lower settlement.
Consider the following example to give you an idea of the types of discrimination and the resulting settlement amount:
Mayo v. Community Development Commission of the County of Los Angeles
The plaintiff brought this case of religious discrimination to court. She alleged she was a victim of retaliation by her employer because after reporting the discrimination to HR, she was written up for poor performance and ultimately terminated for insubordination. She was successful at trial, with the jury awarding her $1,377,000.
Common Employment Discrimination Damages
The type and amount of employment discrimination damages you can claim vary based on the statute applicable to your case. However, here are some common damages you may be eligible to receive:
- Lost pay if you were unfairly turned down for a job, raise, or promotion or were wrongfully terminated
- Emotional distress, such as anxiety, depression, or loss of interest in life due to the discrimination you received and the resulting court case
- Punitive damages as a punishment to the employer if the company engaged in willful and egregious discriminatory practices
- Legal fees and attorney costs
Your lawyer can explain what damages you qualify for and how large of a settlement you can expect.
When It Makes Sense to Look into an Employment Lawsuit Loan
Employment discrimination cases are complicated and often take a considerable amount of time to be resolved. Lawsuits can also be pricey due to court costs, attorney’s fees, expert witness fees, and other related expenses. The time and money that it takes to resolve an employment discrimination case can result in significant financial repercussions for many claimants, and USClaims is here to help.
We’re a pre-settlement funding company that partners with qualifying claimants who have a financial need while their case is pending. We provide you with the money you need in exchange for a predetermined portion of your anticipated settlement, administrative award, or judgment (if your case goes to trial).
There is no financial risk to you. If you do reach a settlement or receive a judgment, we get paid, and if you do not, we do not. It’s really just that simple.
Think You Have a Case?
Call us toll-free at (877) USClaims to speak with a friendly funding specialist today.
Employment Discrimination Settlement Process
Suing an employer for discrimination can be a daunting process. While no two cases are alike, here are the basic steps of an employment discrimination lawsuit:
- Hire an attorney. Although you do not need an attorney to represent you before the EEOC (or in a court of law), having a legal professional in your corner to counsel you along the process is in your best interests. You also need a lawyer to obtain an employment lawsuit loan.
- File a complaint with the EEOC. When you contact the EEOC, you’ll be assigned an EEO counselor. You’ll then receive a notice saying you have 15 days to file your formal complaint with the EEOC, called a “charge of discrimination.” Your formal complaint should include a description of the discrimination you experienced, the harm you sustained from the discrimination, your contact information, and your employment discrimination attorney’s signature.
- Receive your Right to Sue notice. Once the EEOC closes its investigation of your case, you will be provided with a Notice of Right to Sue. Additionally, you may request a Notice of Right to Sue from the EEOC if you wish to file a lawsuit in court before the investigation is completed. This notice grants you permission to file your employment discrimination lawsuit in state or federal court.
- File a lawsuit. Once you receive your notice, you have 90 days to move forward with filing your lawsuit.
- Undergo mediation or a settlement conference. You and the employer may choose to solve the complaint through mediation or a settlement conference. Going this route can spare both parties the time and expense of a trial.
- Go to trial. If you and the employer can’t reach a mutually satisfactory resolution through mediation or a settlement conference, your case will be heard in court.
Suing your employer for discrimination is a difficult decision that you didn’t enter into lightly. If you are the victim of such discrimination, however, obtaining just compensation is important to your ability to move past the experience and toward a brighter future.
Remember, these cases can take a long time to resolve, which can create financial hardship for plaintiffs. Pre-settlement funding works by providing you with the funds you need to wait for the settlement you deserve.
Benefits of Getting an Employment Discrimination Lawsuit Loan
An employment lawsuit loan has many advantages over other types of funding. Here are the most significant perks:
Pay Your Bills on Time
Pre-settlement funding gives you the cash you need to pay your bills on time while you wait for your case to settle. Depending on the facts of your case, USClaims can advance you between $500 to $1,000,000.
That means you won’t have to worry about taking out a personal loan or using a credit card to cover your expenses. Plus, your creditors will stay happy, and you won’t get any blemishes on your credit report for missed or late payments.
More Time to Wait for a Fair Settlement
As your employment discrimination lawsuit moves along, you may be tempted to accept a less-than-ideal settlement offer. Getting a cash advance on your settlement gives you the financial security necessary to wait for the compensation you deserve.
Nonrecourse Funds Mean No Risk
Pre-settlement funding is nonrecourse, so you don’t have to worry about paying us back if you don’t win your case.
No Restrictions on How Funds Are Used
Many plaintiffs use their cash advance to cover expenses like:
- Rent or mortgage
- Utility bills
- Insurance premiums
- Medical costs
- Groceries
- Debt payments
However, USClaims doesn’t restrict how you use the money. You can use it for any purpose you deem necessary, and we’ll never ask for proof of how the cash was spent.
No Monthly Payments
Pre-settlement funding isn’t a traditional loan, so you won’t need to make monthly payments. Instead, your attorney will send us a portion of your settlement amount as a lump sum if you win your case.
See How Employment Discrimination Lawsuit Loans Have Helped People Like You
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with USC in the past. USC does not control the content of such reviews.
with USC in the past. USC does not control the content of such reviews.
Where USClaims Provides Funding
USClaims is proud to offer funding to plaintiffs across the country. However, certain state laws prohibit us from doing business in every jurisdiction. The states where we provide funding include all but Arkansas, Kentucky, Maryland, Montana, West Virginia, and Washington, D.C.
Employment Discrimination Settlement FAQs
How do you prove employment discrimination?
When you file an employment discrimination lawsuit, the burden of proof is on you. You’ll need substantial evidence to convince the court that you’ve been discriminated against. Types of evidence you can submit include, but aren’t limited to, emails from your employer, witness statements, and personnel file contents.
How hard is it to win a discrimination lawsuit?
Discrimination lawsuits are particularly challenging for plaintiffs to win, especially when they sue a large company with a team of corporate lawyers. The American Constitution Society published an article stating that employees win discrimination lawsuits against their employers just 5% of the time. Two of the biggest challenges in discrimination lawsuits are the high case dismissal rates and having enough evidence to win.
However, you can increase your chances of success by gathering as much documentation as possible, getting statements from witnesses, and hiring an experienced employment law attorney. Your attorney can provide guidance throughout the process and advocate on your behalf.
What is the average settlement for a discrimination lawsuit?
The average settlement for a discrimination lawsuit settled in fiscal year 2024 was roughly $700,000. However, your settlement may be more or less than that based on the type of discrimination you experienced, the size of your employer, and other facts of your case.
Have Questions?
Our pre-settlement funding experts will walk you through our entire process.
Disclaimer: Throughout this website, the term “loan” may be used for convenience to describe pre-settlement funding. However, such transactions are not loans in the legal sense. Repayment is strictly contingent upon the successful resolution of your case. If your case is unsuccessful, no repayment is required. Common terms like “lawsuit loan” are used colloquially but misrepresent the nonrecourse nature of pre-settlement funding.
