Employment Law Questions? Ask an Employment Lawyer.
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, though the employer is correct that they do get an offset for what you've earned in the meantime. 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 where the discrimination is found to be blatant. Generally in your case I would make an offer of 3X wage loss to cover for costs and punitive damages...not just lost wages...then perhaps you can settle for a decent number from that point.
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