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How Much Can You Expect from an EEOC Settlement? We Analyzed Over 2,000 Cases to Find Out

Writer's picture: Shawn CochranShawn Cochran

Updated: Dec 29, 2024

When considering pursuing a discrimination case through the Equal Employment Opportunity Commission (EEOC), one of the most common questions people ask is: "How much can I expect to receive if my case is successful?" The answer isn't simple, but with the right data, we can start to paint a clearer picture. In this article, we analyzed over 2,000 publicly available EEOC case results, using AI and language models to break down settlement amounts and the types of discrimination involved per case. Analyzing cases spanning several years, we’ve compiled data that covers all forms of discrimination the EEOC handles. Read on to discover the numbers—both overall and broken down by discrimination type—that could give you a better understanding of what to expect if you decide to pursue a case. And remember that the only way you can get to any type of settlement is by creating a powerful timeline of discrimination, which is exactly what JustiProof is meant to help you do.



Our Data

To start, let's review the data we used - The EEOC Newsroom regularly posts updates about lawsuits the EEOC has filed and the cases the agency has won. From here we:


  • Gather all of the posts going back several years (4,000+)

  • Filter out for only those that pertain to a case and remove ones about general announcements or organizational updates

  • In each case we then use AI to parse out important information like what type of discrimination(s) the case deals with, settlement amount, etc.

  • These cases are compiled into a single database database full of useful information.


After all of that filtering, this analysis includes 2,000+ cases.



Analysis Across All 2,000 EEOC Cases

When most people hear about someone settling a discrimination case, they imagine a massive payout. After all, the headlines often focus on the big numbers: Hillshire Brands paying $4 million to settle a race discrimination lawsuit, Koch Foods dishing out $3.75 million for national origin and race discrimination, or 3M forking over $3 million over age discrimination. These are the cases that grab attention—and for good reason, they represent the rare victories where companies are held accountable.


But here's the reality: large settlements are the exception, not the rule. Our analysis, which examined over 2,000 publicly available EEOC case results, shows that the median settlement amount across both victories and settlements is much more modest - approximately $75,000.


The chart below shows the distribution of settlement amount, with the red line indicating this median amount.


Distribution of EEOC Case Settlements
Figure 1: Distribution of EEOC Case Settlements

The large difference between the median and the average is crucial:

While average can seem higher because of the rare, but few, large settlements, the median represents the actual split between high and low settlements. For example, a handful of $3 million settlements can pull the average up, making it seem like the typical payout is much higher than it is. However, the median represents the actual middle point across all case outcomes, meaning half the case values fall below it and half fall above. Considering this, the median is a more accurate reflection of what plaintiffs should expect since it is not distorted by the outliers at the rare high-end.


This figure—$75,000—is important to keep in mind as you weigh whether or not pursuing your claims is worth it. While the possibility of a large settlement exists, it is much more likely that your case will fall closer to the median range. Understanding this can help you approach the process with realistic expectations and make more informed decisions about how to proceed.


By Discrimination Type

Now, instead of looking at the overall distribution, let's dive into what you can expect by type of discrimination. The EEOC handles a wide range of discrimination categories, including:

  • Sexual Harassment

  • National Origin

  • Harassment

  • Age

  • Race/Color

  • Sex

  • Disability

  • Sexual Orientation

  • Retaliation

  • Religion

  • Equal Pay/Compensation

  • Pregnancy

For the cases we analyzed, we classified it into specific discrimination type(s). In cases where more than one category applied, we included the data under both relevant categories.


The median settlement amounts for each discrimination type are as follows:

Discrimination Type

Median Settlement Amount

Sexual Harassment

$110,000

National Origin

$106,500

Harassment

$100,500

Age

$100,000

Race/Color

$82,500

Sex

$80,000

Disability

$72,500

Sexual Orientation

$71,250

Retaliation

$63,500

Religion

$52,000

Equal Pay/Compensation

$50,000

Pregnancy

$45,000

Median EEOC Settlement by Discrimination Type
Figure 2: Median Settlement Amount by Discrimination Type

It's important to remember that every case is unique and this data does not guarantee that your settlement will be similar. Just because the median is $72,500 for disability cases doesn't mean that larger (or smaller) settlements aren’t possible. In this analysis we aim to provide a benchmark to help you understand what is typical for plaintiffs.


Summary

While high value settlements with the EEOC are possible, the median (or far more typical) settlement amount is $75,000. You should consider this when deciding your next steps.

Another important factor contributing to the amount you might receive is the type of discrimination you filed for. From sexual harassment to disability discrimination, the settlement amount can vary. For example, sexual harassment cases have a median of $110,000, while pregnancy cases settle for approximately $45,000. However, every case is unique and larger settlements are always possible regardless of what type of discrimination you filed for.

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JustiProof is a digital platform designed to help individuals document workplace discrimination in a way that is clear, direct and effective.

Information provided on JustiProof is for informational purposes only and is not intended to be used as legal advice. 

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