Q What do I have to do to mitigate my damages in my sexual harassment case?
If you were the victim of sexual harassment at your job, you could be entitled to compensation under Title VII of the Civil Rights Act of 1964. Under that law, you could receive your back pay, front or future pay, compensatory damages for your emotional distress, punitive damages, and attorney fees. In order to receive compensation, you will need to show that you attempted to mitigate your damages. What exactly does that mean and how can you prove it?
How to Mitigate Your Damages in Your Sexual Harassment Case
Mitigation of damages in an employment discrimination case applies when you were terminated from your job due to sexual harassment. Under Title VII, you are required to make an effort to reduce your damages by trying to find a new job. However, this duty is not limitless, and the following guidelines apply:
- You are required to make a reasonable effort to find a new job, but you do not have to take undue risks or burdens or subject yourself to humiliation.
- You are only required to look for a similar job to the one you were fired from.
- You are not required to accept a job that is inferior to or different from your prior job.
- You do not have to leave your family to accept a new job and you do not have to accept a job that is an unreasonable distance from where you live. What is unreasonable would depend on the facts of your case.
You will want to document your efforts to find a new job by keeping an employment diary. You should keep a record of all job applicants you sent out, any phone interviews with prospective employers, and any job interviews you went on.
An experienced sexual harassment attorney can give you further advice on proving you mitigated your damages so you get the compensation you deserve. Call me at 888.716.8021 to schedule a free, no-obligation consultation.