The various damages that an employee can be compensated for, in instances of age discrimination, according to Age Discrimination in Employment Act (ADEA), are described as follows.
The ADEA permits retrieval of liquidated damages for purposeful infringement of the Act. ADEA damages can be divided into 3 general categories:
Damages for Age Discrimination:
- Back pay: This amount is to compensate the employee for the loss of pay due to wrongful termination, if the case has been closed in favor of the employee. If the case is still in trial, then the back pay can be computed from the day the dispute was filed to the day the judgment is delivered. This apart, back pay also include the cost for benefits lost during the course of the case, including the payments to the employee’s pension fund.
- Compensatory or liquidated damages: In case of the case being closed in the favor of plaintiff, the compensatory damages are also to be computed. This is done by simply doubling the amount of back pay.
- Attorney’s fees and other expenses: After a successful trial, the plaintiff is eligible for compensation of attorney’s fees and other legal expenses, as per the ADEA rules.
- There are other damages for which compensation can be claimed. The first is for inability to provide reinstatement to the same position. This compensation is called front pay and it is computed for a certain time frame, which is at the discretion of the jury. The second damage for which compensation can be claimed is for the loss of payment to the employee pension fund due to wrongful termination of the employee.
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