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Emotional Distress Damages Calculator

Estimate compensatory damages for emotional distress in EEOC discrimination, harassment, and retaliation claims. Factor in severity, duration, documentation, and jurisdiction.

EEOC Claims Title VII / ADA / ADEA Free Estimate
⚖ Distress Factors
Symptoms & Severity (Select All That Apply)
Duration of Distress
Documentation Level

Stronger documentation significantly increases damages

Expert Witness
Jurisdiction

Plaintiff-friendly jurisdictions (CA, NY, IL) tend to award higher damages

📊 Damages Estimate
⚖

Select your distress factors and click "Estimate Damages" to see your projected compensatory damages range

Understanding Emotional Distress Damages in EEOC Claims

What Qualifies as Emotional Distress

Emotional distress damages compensate for the psychological harm caused by unlawful discrimination, harassment, or retaliation. Courts look for specific, documented symptoms rather than generalized unhappiness. The more concrete and well-documented your symptoms, the stronger your claim.

Foundation of Your Claim

Duration Matters Significantly

Courts award substantially higher damages when emotional distress is ongoing or long-lasting. A claimant who suffered anxiety for five years will typically receive a much larger award than someone whose symptoms resolved in a few weeks. Chronic, persistent symptoms signal severe harm.

High Impact Factor

Medical and Therapy Records

While not strictly required, professional documentation dramatically strengthens your claim. Therapy records, psychiatric evaluations, prescription records, and medical diagnoses provide objective evidence that corroborates your testimony about emotional suffering.

Critical for Higher Awards

Corroborating Testimony

Family members, friends, and coworkers who can testify about observed changes in your behavior, mood, or functioning add significant credibility to your claim. Their accounts of witnessing your deterioration often resonate strongly with judges and juries.

Strengthens Your Case

Title VII Damages Caps

Federal Title VII claims cap combined compensatory and punitive damages based on employer size: $50K (15-100 employees), $100K (101-200), $200K (201-500), and $300K (500+). State law claims and Section 1981 race discrimination claims often have no cap, potentially yielding significantly higher awards.

Know Your Limits

Frequently Asked Questions

What are emotional distress damages in an EEOC claim? ▼
Emotional distress damages (also called compensatory damages for non-economic harm) compensate you for the psychological and emotional suffering caused by workplace discrimination, harassment, or retaliation. They cover conditions like anxiety, depression, PTSD, sleep disruption, and loss of enjoyment of life. These damages are separate from back pay or lost wages and are awarded based on the severity, duration, and documentation of your emotional harm.
Are there caps on emotional distress damages in EEOC cases? ▼
Yes, under Title VII of the Civil Rights Act, compensatory and punitive damages combined are capped based on employer size: $50,000 for employers with 15-100 employees, $100,000 for 101-200 employees, $200,000 for 201-500 employees, and $300,000 for employers with more than 500 employees. However, Section 1981 race discrimination claims, ADA claims in some circuits, and many state law claims have no caps. This is why identifying the right legal theory is critical for maximizing your recovery.
Do I need a therapist or medical records to prove emotional distress? ▼
While not strictly required, professional documentation significantly strengthens your claim. Courts have awarded emotional distress damages based solely on a claimant's own testimony about their suffering, but awards tend to be substantially higher when supported by therapist records, medical diagnoses, prescription records, or expert testimony. If you have not yet sought treatment, starting therapy now can both help you cope and create valuable documentation for your case.
How do courts calculate the dollar amount for emotional distress? ▼
There is no fixed formula. Courts and juries consider several factors: the severity of the discriminatory conduct, the type and intensity of emotional symptoms, how long the distress lasted, whether professional treatment was sought, corroborating testimony from friends or family, medical and therapy records, and comparable awards in similar cases. This calculator models these factors to provide a realistic estimate based on actual case outcomes and settlement data.
Can I recover emotional distress damages through EEOC mediation or do I need to go to court? ▼
You can recover emotional distress damages at any stage: during EEOC mediation, conciliation, settlement negotiations, or at trial. In fact, the majority of EEOC cases settle before trial, and emotional distress damages are a standard component of settlement negotiations. Having a well-documented emotional distress claim strengthens your negotiating position at every stage of the process. This calculator helps you understand what your claim may be worth so you can negotiate from an informed position.

Need Help With Your EEOC Claim?

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Important Disclaimer

This calculator provides estimates for educational purposes only. Emotional distress damages are inherently subjective and vary widely based on individual circumstances, judges, juries, and jurisdiction. Actual awards may differ substantially from these estimates. This tool does not constitute legal advice. Consult a qualified employment attorney for guidance specific to your situation.