Litigating Damages in Employer Discrimination and Retaliation Cases: Mitigating and Defending Damage Awards

This CLE course will provide tips and tricks for employment litigators on how to defend against and mitigate damage awards in discrimination and retaliation lawsuits. The panel will discuss the recurring issues that arise during employment trials and the unique challenges in the current economic climate.

The perceived economic disparity between the companies which serve as employers and the employees themselves often create an inherent bias against the employer at trial when the jury turns to its damages analysis during deliberations. In those jurisdictions where it is permitted, the employee’s attorney will try to present evidence regarding management's compensation and company's revenue in an effort to encourage juries to grant emotional distress or punitive damages.

Employment counsel defending discrimination and retaliation lawsuits must determine their client's exposure and understand how to evaluate the evidence supporting a plaintiff's damages claim. Counsel will have to tailor specific strategies to address the current environment—with unemployment rampant and the employee’s ability to mitigate her damages far more challenging.

Listen as our authoritative panel of employment litigators examines recurring damages issues in discrimination and retaliation lawsuits and provides strategies for defending against and mitigating damages awards.