Hi, Rose thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today. I'm sorry to hear about this matter.
To answer this you must first understand the entire premise of the discrimination statutes is to make the discriminatee "whole" for the discrimination he or she has suffered. This would include back-pay and benefits, out of pocket costs, as well as future wage
and benefits costs if the employer if they are not going to put you in the position you should have been in all these years. Further, compensatory costs may be awarded for things like mental anguish or harm because of the discrimination Likewise, in the remedy may include placing the employee where he/she should have been placed in the company (which may occur in the case of not getting a promotion
or raise because of discrimination) . Lastly, the federal discrimination laws allow punitive damages against the employer in limited circumstances.
Generally, your best bet in mediation would be to go in with your highest number tallied for all these and present the same as you opening offer. The mediator will then meet with you and or the other party privately, and you should be willing to settle the matter for some figure less than your highest offer. Likewise the other side should come up from its lowest offer. There may also be actions you want the company to take - like make your fringe benefits or pension payments or grant you a promotion, these demands should also be made clear.
Since you are at he EEOC, you haven't paid anything for representation. But your primary claim is going to be what you would have been paid in salary, wage and fringes if you would have been properly promoted; you'll need to compute that. You also are asking for an equitable remedy of being promoted. And, you are asking for some type of compensation for the harassment/humiliation
you've endured. If you have had increased medical costs because of such harassment you'll need to include those. Lastly the law allows punitive damages in the following rations:
- For employers with 15-100 employees, the limit is $50,000.
- For employers with 101-200 employees, the limit is $100,000.
- For employers with 201-500 employees, the limit is $200,000.
- For employers with more than 500 employees, the limit is $300,000.
This should give you a good idea of where to start your settlement discussions. No one gets everything they demand in bargaining, but knowing what the law allows is key.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.