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).
| Salary at termination | — |
| Months since termination | — |
| Gross lost wages | — |
| Mitigation earnings | — |
| Net back pay | — |
| Pre-judgment interest | — |
| Total back pay + interest | — |
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.