Compensatory Damages 101, Your Guide To Emotional Distress

Generally speaking, recoverable damages in Title VII cases fall under three broad categories, including (1) economic damages (front pay, back pay, prejudgment interest), (2) compensatory (non-economic) damages, and (3) punitive damages (based on courts’ moral judgment as to whether the defendant engaged in the unlawful misconduct willfully or with bad faith). Nonetheless, irrespective of any other damages awarded, the cap for Title VII is $300,000. However, as mentioned in Part A of Part XXIII of the previous series, this cap is for employers with 501 or more employees, pursuant to 42 U.S.C. § 1981a(b)(3) of Title VII.
Compensatory Damages in Title VII Cases
Compensatory damages, also called non-economic damages, entail those damages awarded to a prevailing party as compensation for the emotional distress, suffering, and pain they have undergone because of the unlawful conduct (such as discrimination, harassment, and/or retaliation) of a defendant.
Technically speaking, assuming that a plaintiff prevails in a Title VII trial, there are three levels of compensatory damages.
1. Level I (Garden Variety) - this level is considered when the evidence presented at a trial is limited to the testimony of the plaintiff.
2. Level II (Significant Emotional Distress) – this level is considered in cases where a court finds that a plaintiff suffered significant emotional distress.
3. Level III (Egregious Emotional Distress) – in this case, a court may find sufficient evidence that the defendant engaged in outrageous and despicable behavior or conduct, which substantially impacted the plaintiff. In a legal context, such conduct could be described as behavior that “shocks-the-conscience.”
As the #MostJackedAttorneyNYC, whether in the Gym Room or the Court Room, we are your authoritative force.
Enjoy the series to come.

[vegas]

Thank you for actually quoting approximate numbers 🙏🏾

[GrandmaPriscillaAnn]

This was perfect. Thank you so much for breaking this down. I appreciate your time.

[bigdaddy]

Appreciate the explanation 👍🏽. You are a good teacher my friend

[Vera.ChuckandDave]

Thank you! The information you provided is extremely helpful.

[UniversalStylez]

I needed this information. Thank you so very much!

[rdielohim]

Dealing with a data breach right now. Hate that I’m late to this content.

[GrandmaPriscillaAnn]

Hello,
Do you have a video like this for punitive?

[zackkheloui]

I m in columbus ohio and I could not find a lawyer to take a case for a tort claim for intentional infliction of emotional distress. My spouse brought me here from Germany on purpose to abuse me. My spouse is a malignant covert narcissist. I want to go to court for this. Any idea on how I have to proceed? any books on how even to represent myself and know the steps to take to file the lawsuit? plz help.

[rachelhope]

What is the time limit for emotional distress? I had a full blown mental break down leaving my ex. He has lied to my son telling him his diseased birth father was not his father. It has destroyed my relationship with my son. I left this man in 2016 and the abuse and lies continues today. I was diagnosed with bipolar 1 in 2015, I believe a result of trauma. The situation is very triggering for my bps which puts me at a 20% greater risk for suicide in addition in 2012, my brother ended his life putting me at even greater risk. Due to continued lies about me to my kids and now being an alienated parent I have had life threatening mental issues as a result of this 23 year long abuse. I want it to stop. He knows I’m at higher risk. The man threatened me in 2015 I would be nothing without him and he would take my kids, house and put me out of business. I got my house, business but those are just physical things. He convinced my son that I’m not his mom and my son hates me. Some days I just don’t want to live. It’s not normal grief because my son is a living and so filled with anger towards me. It’s a long slow torture. I’ve sought much help and nothing makes me feel better. I’m a loving kind mom who was abused and even though he is of my home his manipulation continues. Are you in ny? I’m Long Island.

[daniellerivituso]

I have the 3rd type of distress yet can find no one to represent me. It is against my divorce attorney and how she treated me. It lasted from May 2017 to February 2022. I wake up every morning with her face staring at me. I already had a mental illness. My psychiatrist says this is a situational depression there’s new medicine he can give me all I can do is change the situation, which I cannot in which I couldn’t, we couldn’t change attorneys because the retainer fee was so high and there is no refund after the fourth visit is when she started verbally abusing me and she did it since then it was so bad. I cried when I had to go to her office, and I cried upon leaving her office, just no one says their law practice does that went on the Internet it says they do. This was a great video. My doctor just had to put me on some new medicine on top of my old medicine because I told him I wanted to commit suicide because I can’t take seeing her face and what she’s done to me I don’t know what to do

[beesknees]

It’s been almost a year since I was pretty much booted out of my trailer because of mold, sewage not being hooked up, etc. it’s caused both myself and my partner emotional stress. We’ve recently found a new place to stay but I was wondering if we would be able to pursue this any further? I lost my job and completely blew through savings trying to get mold tests and consultations only to be barred from the trailer park we had rented from. Thank you for the video also.

[msparisj]

I was scratched by an animal while sleeping at 5 star hotel in Los Angeles. I just received a letter from their insurance company stating that they are not liable/responsible for my injuries. Therefore I'm in need of an attorney to write a demand letter on my behalf to the hotel and its legal department. Do you know where I can find a good affordable attorney who can do that for me?

[denisecieslinski]

Yes what kind of attorney does one need???

[dontwanttojoingoogle]

Thank you for such a great tutorial! Are we allowed to base a small claims court case on compensatory damages?

[stinkyfungus]

You seem to be applying this to emplyment law.
Do the same principles apply to say... an Assault and battery case?
Lets say the actual physical injury was minor, but emotional issues are genuinely evident and documented in the plaintiff?

[impressivepaintingcompany.]

Yes hello I had an incident with a Walmart employee in 2010 and never could find represent

[Ro-Bucks]

what about someone foredge your signature to have your parental rights for fitted leading to a very long fight causing mental and emotional damage to both the father and the son?

[este]

Hi can I sue childsaftey for emotional stress the set me up to fail and have not following through with the case planes and the stuff that has happened to my babies in care.pls if u can help me with answers I can start doing something

[terrybowshier]

What if it's a Judge? Stopped my Cancer Treatments on a simple violation. Going on 3rd month now.

[meshaydenise]

Im literally emotionally breaking down im in shambles idk what to do i cut now.. i watch myself bleed i talk to myself i cry daily i drink a lottt im in shambles