Q: USDC-IL:What is the maximum $ you can put in a settlement demand for intentional emotional distress in a Title VII case?
I currently am ProSe in a Federal Title VII Discrimination case against my employer. I have also charged them with harassment and retaliation. They have over 500 employees. As we are starting discovery I am contemplating sending a settlement demand. Their discriminatory actions and the behavior that followed clearly shows intentional infliction of emotional distress. The things they have done to me would shock the general public. I am having a hard time equating what has happened to me in compensatory damages. What is the maximum amount allowed to be asked for in USDC IL? Thank you.
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A:
In a Title VII case in the U.S. District Court for the Northern District of Illinois (USDC-IL), the amount you can demand for compensatory damages, including emotional distress, is subject to statutory caps under federal law. For an employer with over 500 employees, the maximum cap for combined compensatory and punitive damages under Title VII is $300,000. This limit applies to claims for emotional distress, pain and suffering, and other non-economic damages.
While Title VII has these caps, your case may include additional claims, such as intentional infliction of emotional distress (IIED), which is a tort claim under state law. Unlike Title VII, IIED claims are not capped by federal limits, meaning you can demand a higher amount. The challenge is proving the severity and outrageousness of the conduct to warrant a substantial award, which can be supported by the evidence gathered in discovery and expert testimony.
When crafting a settlement demand, consider both the statutory limits under Title VII and the potential for higher damages under state tort law. Think about the impact the employer's conduct has had on your emotional and mental well-being, your career, and other aspects of your life. You want to present a compelling and realistic number that accounts for these factors and encourages a meaningful settlement discussion.
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