EEOC, Settlement, Pain and Suffering....

What is the name of your state? NY

Hello, I have a case before the EEOC, for claims of religious discrimination against my former employer and submitted an affidavit with countless pages of emails, letters, documentary supporting evidence, etc. that proves their claim of "poor performance" after my manager left. Althought there were some incidents surrounding my religious observances, etc., the EEOC contacted me and said that although my evidence and submissions are strong, it will be difficult to find it was based on rel. discrimination, b/c there was no formal complaint. No decision has yet been rendered. Truth is I tried to complain to HR, who dismissed me b/c their belief in the alleged perf complaints submitted by my new mgmt. I drafted a 10 page letter to the heads of the company, but was terminated before I sent it. (I didn't submit this, bc I thought it was moot)
However, the EEOC did contact former employer, and they may now be willing to settle.
Since I don't have a lawyer, how would I go about calculating "pain and suffering". Damages is easier (cheated out vac pay, pension, lost wages, etc.) But how do I calculate the undue pain and mental suffering I endured?? Any thoughts and comments would be appreciated.

I don't believe that the EEOC factors in pain and suffing into trying to recover money damages. Nobody here can tell you what would be a reasonable amount. We don't know ANY of the factors that would go into making such a decision, and it would be impossible for you to provide them all. (It's likely that you don't know all of them.) It would be totally irresponsible of anyone to give you a figure.

Reply.

I wasn't looking for someone to give me a dollar amount, but some guidance based on experience, limitations based on law, and what would come under this umbrella of pain and suffering.

Also, is any settlement subject to taxes (ie lost wages)

law_ny1 said:

I wasn't looking for someone to give me a dollar amount, but some guidance based on experience, limitations based on law, and what would come under this umbrella of pain and suffering.

Also, is any settlement subject to taxes (ie lost wages)

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All of which, as noted, is impossible to state with any definiteness without knowledge of all the facts. However, if you haven't seen a psychiatrist for this "mental pain", don't expect much, if anything.

law_ny1 said:

I wasn't looking for someone to give me a dollar amount, but some guidance based on experience, limitations based on law, and what would come under this umbrella of pain and suffering.

Also, is any settlement subject to taxes (ie lost wages)

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Title VII gives you a range of damages that you are entitled to receive along with the types of damages you are entitled to receive. Google "title vii damages"

Damages....Title VII

Weenor, thank you very much**************Indeed I found a lot of info on Title VII damages.
It says that I can collect interest on lost wages, etc, as well as expected raises. Is there an interest formula? How do you calculate this?

Also, do you think I should retain a lawyer for these negotiations w/EEOC and frmer employer? Again, many thanks!

You need to read EEOC's guidance on damages, both equitable and compensatory. See http://www.eeoc.gov/charge/overview_charge_processing.html.

"Pain and suffering" fall under compensatory damages. You need to read EEOC's guidance on compensatory damages at http://www.eeoc.gov/policy/docs/damages.html. You have to prove you are entitled to compensatory damages. You have to identify the pain and suffering you experienced and provide some proof that it occurred and is attributable to the alleged discrimination. It is very unlikely that an employer will consider payment for sizable pain and suffering damages during a pre-determination mediation attempt. A mediation attempt is pretty standard EEOC processing, and shouldn't be intepreted as more than that. You will be lucky to get equitable relief, which is lost wages, if you were terminated.

IRS considers all Title VII settlement monies as fully taxable.

And are you really trying to do this yourself? That's what attorneys are for, and you would be well-advised to get one.

mitousmom said:

IRS considers all Title VII settlement monies as fully taxable.

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Well that's interesting - even the non-economic damages?

You Are Guilty said:

Well that's interesting - even the non-economic damages?

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Now that I think about it, a settlement payment specifically labeled as damages for sickness or personal injury probably wouldn't be taxed. But, I'm not sure. It's best if the OP checked the IRS website.

Failure to Complain?

Is there some precedent in law that mitigates the failure to complain to an employer, such as 1)fear of retaliation (even though the law prohits this) 2)To avoid harm 3)If the complaint are unheeded (ie tried in vain to contact hr), in a discrimination?

You need to provide more details on your discrimination allegation. It's unclear to me why prevailing on a religious discrimination claim requires a showing the you complained to management.

To allege that your employer failed to accommodate your religious belief can require a showing that you requested an acommodation from your employer. An allegation that a co-worker harassed you because of your religion can require that you inform the co-worker that his/her conduct was unwelcome and offensive and notify management of the conduct if it continues. However, since your complaint doesn't appear to involve either of those, but appears related to performance issues, I don't understand the complaint requirement.

One more question**************

I have one question on whether it will help bring about a settlement. Obviously, they don't want bad publicity, but at the same time don't want to give me what I seek. I was told that 12-18mnths salary was a reasonable request.

Is it a legitimate tactic to take this case before the EEOC to the press? If they saw their name in the press w/this case, I'm sure they would be more willing to put a stop to bad publicity. Thanks!

law_ny1 said:

I have one question on whether it will help bring about a settlement. Obviously, they don't want bad publicity, but at the same time don't want to give me what I seek. I was told that 12-18mnths salary was a reasonable request.

Is it a legitimate tactic to take this case before the EEOC to the press? If they saw their name in the press w/this case, I'm sure they would be more willing to put a stop to bad publicity. Thanks!

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Please do so. Since you have yet to receive a 'right to sue' letter from EEOC, have yet to establish any sort of case and have already been told that 'you will have a hard time winning', the company will simply sue you for libel and you'll be working for them the rest of your life.

Suffice to say, is why I ask in this forum before putting into practice...
I assume this is your attempt at dry-witted humor, but I get the point.
I mean just the mention that a case is pending before the EEOC w/ such and such company - is that really libelous? If in fact it is TRUE??

I could ask for a right to sue before they make any decision.