Mitigating Damages in Employment Discrimination Cases

Summary

This practice note addresses the plaintiff's duty to mitigate damages in employment discrimination cases brought under the following federal laws: Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq.; the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.; the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq.; and Section 1981 of the Civil Rights Act of 1866 (Section 1981), 42 U.S.C. § 1981. The duty to mitigate is the plaintiff-employee's obligation to lessen or eliminate damages for lost wages by diligently seeking comparable employment after termination of employment. This practice note also addresses the defendant-employer's affirmative defense based on the plaintiff's failure to mitigate damages.