The ADEA does not allow employees to collect an award of 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).
What is the average settlement for an age discrimination lawsuit?
From our experience, the majority of age discrimination cases settle for under $50,000. But these types of cases often have significant value because the discriminated employee may never find another job again.
Are compensatory damages available under the ADA?
An employee who prevails in an ADA disability discrimination claim may recover back pay, front pay, lost benefits, compensatory damages for emotion distress and punitive damages, as well as attorneys’ fees and litigation costs.
What are liquidated damages under ADEA?
The ADEA already provides for liquidated damages equal to the amount of lost pay and benefits for “willful” age discrimination. The standard for finding a willful violation to award liquidated damages is quite low, resulting in the routine award of what is, in effect, double damages in ADEA cases.
Is there a cap on Title VII damages?
When it comes to compensatory and punitive damages, a Title VII plaintiff is subject to the following damage caps: 15 to 100 employees: $50,000. 201 to 500 employees: $200,000. 501 and more employees: $300,000.
How do you know if you’re being discriminated against?
However, here are some clues that you are being illegally discriminated against:
Inappropriate joking. Many of us know co-workers or supervisors who make inappropriate jokes.
Questionable interview questions.
Are there any punitive damages under the ADEA?
Damages for pain and suffering, emotional distress, and similar injuries are not available under the ADEA. Nor are punitive damages, except in the form of liquidated damages, discussed above.
What happens if an employer violates the ADEA?
If a court finds that an employer has violated the ADEA, the employer may be ordered to do any or all of the following: Pay the employee all wages, benefits, and other forms of compensation lost as a result of the discrimination (this is called “back pay”).
Is the federal government covered by the ADEA?
State and local governments are also covered by the ADEA, although state employees may not sue the state for discrimination under the ADEA.
Can a company be sued for punitive damages for age discrimination?
The ADEA does not allow employees to collect an award of 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.