Title VII Retaliation Back Pay

Title VII back pay: lost wages × time from adverse action to judgment. Mitigation: subtract earnings from comparable jobs. Unlimited (not capped).

Net Back Pay
—
Pre-Judgment Interest
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Total Back Pay + Interest
—
Salary at termination—
Months since termination—
Gross lost wages—
Mitigation earnings—
Net back pay—
Pre-judgment interest—
Total back pay + interest—
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Title VII back pay is UNCAPPED — separate from Title VII emotional and punitive damage caps. The plaintiff must mitigate damages by seeking comparable work. Interest accrues at federal rate (currently ~5%) on the unpaid back pay through judgment.

Calculation Methodology

Back pay = (original salary / 12) × months from adverse action to judgment. MINUS mitigation: earnings from interim comparable employment. The plaintiff has duty to seek reasonable replacement work — failure reduces or eliminates back pay claim.

Mitigation Duty

Plaintiff must seek 'substantially equivalent' work — same field, similar salary, geographic area. Cannot 'pick and choose' to maximize lost wages. Employers can subpoena tax returns, job applications. Failure to mitigate = court reduces damages by what could have been earned.

Pre-Judgment Interest

Federal rate currently ~5% (changes annually). Compounded simple. Adds 5-30% to back pay depending on case length. Some courts use treasury bill rate; others use higher 'fair compensation' standard.

Last updated May 2026. Sources: EEOC Title VII Damages.