What are the costs for age-Discrimination sins? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

What are the costs for age-Discrimination sins?

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in Discrimination and Harassment,Human Resources

Q. If we’re sued for age discrimination, is the potential award limited to lost wages and benefits? Or can a court also award damages like pain and suffering? — D.B., Nebraska

A. The federal age-discrimination law borrows its damages provisions from the wage-and-hour law (not Title VII anti-discrimination law). Thus, the following remedies are available in an age-bias case:

  1. Back pay consisting of the wages and benefits the employee would have earned.
  2. Attorneys’ fees and costs if the plaintiff prevails.
  3. Liquidated damages equal to the amount of back pay for intentional violations.
  4. Front pay, which compensates the plaintiff for future wage losses.

However, unlike Title VII, federal age-discrimination law doesn’t give plaintiffs the right to collect compensatory damages (for pain and suffering) or punitive damages. State age-discrimination laws may make additional remedies available.

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