An agreement that ends a discrimination claim before a court decides it. The employer usually pays money and sometimes changes a policy or gives a reference, and typically does not admit fault.
There is no standard amount. Back pay is not capped. Under Title VII and the ADA, compensatory and punitive damages combined are capped at $50,000 to $300,000 depending on employer size.
You generally have 180 days to file a charge with the EEOC, or 300 days if a state or local agency also enforces the law. After you get a right to sue notice, you have 90 days to file in court.
The law does not require one, but an employment lawyer can value the claim and negotiate. Many work on contingency, and a court can award attorney fees to a winning employee.
Often at least part of it is, and the rules depend on the type of payment. Check our tax guide and speak to a tax professional before you sign.
If you were fired, passed over or harassed because of your race, sex, age, disability, religion or another protected trait, you may be wondering what a fair settlement looks like. The honest answer is that it depends on your wages, your evidence, the size of your employer and which law applies. This guide explains how discrimination settlements work, what the federal caps are, and what the deadlines mean for your claim.
It uses federal rules from the EEOC and the U.S. Code. State laws can add protections, so check yours.
Important
The filing deadlines are short. A charge is generally due within 180 days of the discriminatory act, and missing it can end your claim. If you think you were discriminated against, speak to an employment lawyer or contact the EEOC soon. This guide is general information, not legal advice.
A discrimination lawsuit settlement is an agreement that resolves a claim without a trial or a final ruling. The employer pays money, and the employee gives up the right to sue over the same events. Settlements can happen at three stages: during EEOC mediation, after an EEOC investigation, or once a lawsuit has been filed. Most agreements include a written release, and many include confidentiality terms.
Settling is different from winning. A settlement is a negotiated middle point, so the number reflects both the strength of the claim and the risk each side faces at trial.
Credit and lending discrimination follows different laws. For an example outside the workplace, see our guide to the Capital One ECOA class action lawsuit.
According to the EEOC, relief can include getting the job back or placement in it, back pay and benefits the person would have received, and attorney fees, expert witness fees and court costs. Some cases also include money for emotional harm and punishment of the employer.
Under Title VII and the ADA, the combined total of compensatory and punitive damages is capped by the number of employees the employer has. The limits come from 42 U.S.C. 1981a and are repeated by the EEOC.
Age and equal pay claims work differently.
For intentional age discrimination under the ADEA or intentional sex based wage discrimination under the Equal Pay Act, the EEOC says compensatory and punitive damages are not available. Instead a person may receive liquidated damages equal to the back pay awarded.
Some state laws have different limits or no cap at all, so a claim under state law can be worth more. A lawyer can tell you which law gives the best route.
There is no reliable average for a single case. The EEOC reported that in fiscal year 2025 it secured $660 million for 17,680 people. Of that, $528 million came through its pre litigation process, $27 million came from litigation for 2,505 people, and $104.6 million went to 1,824 federal employees and applicants. The agency processed 88,201 new charges, according to its EEOC fiscal year 2025 results.
Those totals include a few very large systemic cases, so they say little about what one worker should expect. Many individual settlements are modest, and some are much larger when wages lost are high or the evidence is strong.
The EEOC time limits page says the general deadline to file a charge is 180 calendar days from the discriminatory act. It extends to 300 days if a state or local agency enforces a law against discrimination on the same basis. For age charges, 300 days applies only when a state law and a state agency enforce it, and a local law alone does not extend the deadline.
For ongoing harassment the clock runs from the last incident, and earlier incidents are still considered. Internal complaints, union grievances and mediation generally do not pause the deadline.
Federal employees.
Federal workers and applicants follow a different, shorter process that starts with contacting an EEO counselor at their agency. Ask the EEOC or a lawyer about the deadline that applies to you.
Often at least part of a settlement is taxable, and the answer depends on what each payment is for. Back pay is generally treated like wages, while other categories are treated differently. Read our guide on whether settlement money is taxable and talk to a tax professional before you sign, because how the agreement allocates the money matters.
Many people also ask whether a group case is possible. If many workers were affected by the same practice, a class action lawsuit may apply, and our guide on how class action settlements work explains the claim process. For wage disputes, see the overtime pay lawsuit, and browse the full list of lawsuits we track. For general steps on suing an employer, read how to sue a company.
Main laws: Title VII, ADEA, ADA, Equal Pay Act
Charge deadline: 180 days, or 300 days with a state or local agency
Time to sue after notice: 90 days
Damages cap (Title VII and ADA): $50,000 to $300,000 by employer size
Reference: EEOC
It is an agreement that ends a discrimination claim before a court decides it. The employer usually pays money and the employee gives up the right to sue over the same events.
There is no standard amount. Value depends on back pay, evidence, employer size, state law and whether retaliation is part of the claim. Back pay is not capped, but other damages under Title VII and the ADA are.
Under Title VII and the ADA, compensatory and punitive damages combined are capped at $50,000 for 15 to 100 employees, $100,000 for 101 to 200, $200,000 for 201 to 500 and $300,000 for more than 500.
No. Back pay and interest on back pay are not counted toward the cap on compensatory and punitive damages.
Generally 180 calendar days from the discriminatory act, extended to 300 days if a state or local agency enforces a law against the same type of discrimination.
Under Title VII you generally have 90 days after receiving the notice of right to sue to file a lawsuit.
In most cases yes. Except for Equal Pay Act claims, you must file an EEOC charge before suing for unlawful discrimination.
Sometimes, against private employers that acted with malice or reckless indifference to your rights. They are not available for intentional age discrimination under the ADEA or Equal Pay Act claims.
Yes. The EEOC says there is no charge to either side, it is voluntary and confidential, and it usually takes less than three months on average.
You are not required to have one, but an employment lawyer can value the claim and review the release. Many take cases on contingency, and the court can order the employer to pay attorney fees if you win.
Often at least part is. Back pay is generally treated like wages. Because rules depend on the type of payment, ask a tax professional before you sign.
No. Retaliation for complaining about discrimination or taking part in an EEOC charge is itself unlawful, and it can support a separate claim.