11.12 Age Discrimination-Damages
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Age Discrimination in Employment Act of 1967 (?ADEA?) The remedies available under the ADEA for age discrimination may include injunctions, reinstatement, lost wages, and liquidated damages in the same amount as the lost wages.
Liquidated damages are statutory damages in an amount equal to the amount of backpay damages awarded. Liquidated damages require evidence that the employer committed a willful violation of the ADEA.
Furthermore, damages for age discrimination under the ADEA are limited to liquidated damages, meaning that a victim cannot collect compensation for ?pain and suffering? if the lawsuit is filed based on a violation of the ADEA nor can a damages award include punitive damages.
Our attorneys who defends employers against an age discrimination lawsuit will assert affirmative defenses, including that the employee was not qualified for occupation, business necessity, or seniority system. California laws forbids age discrimination against workers who are age 40 or older.
Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.
Punitive Damages However, the ADEA does allow an employee to recover "liquidated damages" where the employee proves that the employer's age discrimination was willful (that is, knowing and intentional). Liquidated damages under the ADEA can be up to the amount of lost back pay.
