Employment remedies are structured around restoring the employee to the position they would have occupied.
Back pay from the date of the adverse action to judgment — lost wages, bonuses, benefits and the value of lost benefits — reduced by interim earnings and by amounts that could have been earned with reasonable diligence.
Reinstatement is the preferred remedy where feasible. It is denied where hostility between the parties makes it impractical, where the position no longer exists, or where another employee occupies it.
Front pay substitutes where reinstatement is not feasible, compensating for future lost earnings until the employee could reasonably be expected to reach comparable employment. It is generally decided by the court rather than the jury, and requires evidence on the likely duration.
Compensatory and punitive damages under statutes that provide them, subject to caps tied to employer size for some claims and uncapped for others.
Liquidated damages equal to back pay under wage and age statutes for wilful violations.
Interest and tax gross-up where a lump sum pushes the recipient into a higher bracket, awarded in many circuits.
Attorney fees to a prevailing plaintiff, which frequently exceed the damages.