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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 7, 2020

Recorded event now available

or call 1-800-926-7926

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.



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


The panel will review these and other vital questions:

  • How are judges and juries determining front pay awards in discrimination and retaliation cases in light of the current economic market?
  • What evidence is critical to defending 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?


Kappelman, Lynn
Lynn A. Kappelman

Seyfarth Shaw

Ms. Kappelman began her practice as a commercial litigator, but since the 1990s, her practice has focused on employment...  |  Read More

Solowey, Dawn
Dawn R. Solowey

Senior Counsel
Seyfarth Shaw

Ms. Solowey represents employers in employment litigation, with a particular focus on trials and appeals. She also...  |  Read More

Spiggle-J. Thomas
J. Thomas (Tom) Spiggle

The Spiggle Law Firm

Mr. Spiggle founded Spiggle Law to help individuals facing difficult workplace issues. As a former prosecutor with...  |  Read More

Turner, Sarah
Sarah N. Turner

Gordon Rees Scully Mansukhani

Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment,...  |  Read More

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