Legal Question in Disability Law in California
I have a disability and retaliation complaint filed with the EEOC. What type of monetary award is typical in these cases?
3 Answers from Attorneys
0. The EEOC is not Santa Claus and they do not award money to people. They might give you a right-to-sue letter, which might entitle you to sue someone, in which case your award will be 0 unless you have a good attorney, and maybe not even then.
In the vast majority of cases, EEOC will dismiss the case and grant a right to sue letter, as they mostly focus on prosecuting the most urgent and egregious civil rights violations and leave the rest to individual claimants and their attorneys.
There is no such thing is a typical award, as it can range from losing to a substantial award at or before trial, depending upon the strengths and the weaknesses that each case has, your expectations and the philosophy of the defendant-employer on litigating their claims.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
Nothing is 'typical'. Recovery can range from millions of dollars for an 'outrageous' case, all the way to you losing and owing all the defendants' attorney fees and costs. There are consequences to all our actions in life [intended or not]. If you pursue your claims in court, the jury will decide. Other than that, value is determined by negotiation between the parties. EEOC is highly unlikely to pursue your claim to recovery stage, or at all. They have hundreds of thousands of claims per year [look at your file number as an indicator] and they pursue only a few 'sure things'. They almost always issue a Right to Sue notice which you must have before filing suit.