Defending Against Damages in Employment Discrimination Cases

Calculating Front Pay Awards, Mitigating Emotional Distress and Punitive Damages

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, August 6, 2014

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide guidance to employment litigators for defending against and mitigating damage awards in discrimination and retaliation lawsuits. The panel will discuss the recurring issues that arise in damages determinations in employment suits.


Litigating damages in discrimination and retaliation cases have grown increasingly complex for employers' counsel. Juries are more inclined to consider the perceived lack of available jobs when deciding front pay awards—and 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 should tailor specific strategies attuned to the current employment environment to mitigate, defend and settle damages awards.

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



  1. Recurring damages issues in the current labor market
    1. Sympathetic jury
    2. Calculating front pay awards
    3. Emotional distress damages
    4. Punitive damages
  2. Strategies to mitigate and defend against damages awards
    1. During litigation
    2. During settlement


The panel will review these and other key questions:

  • How are judges and juries determining front pay awards in discrimination and retaliation cases in light of the still struggling labor market?
  • What evidence is critical to defend against claims of emotional distress and punitive damages?
  • What strategies have been most effective for employment counsel for mitigating damages issues during trial or settlement proceedings?


Joshua M. Davis
Joshua M. Davis

Goulston & Storrs

Mr. Davis specializes in the area of labor and employment law and related litigation. He represents employers in a...  |  Read More

Timothy R. Newton
Timothy R. Newton

Constangy Brooks & Smith

Mr. Newton represents employers in state and federal court litigation involving employment discrimination under...  |  Read More

Ellen J. Zucker
Ellen J. Zucker

Burns & Levinson

Ms. Zucker has successfully litigated and resolved employment matters involving harassment, discrimination,...  |  Read More

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