Remedies Available for Age Bias

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Age bias in the workplace is banned by the federal Age Discrimination in Employment Act (ADEA).  This law prohibits age discrimination when hiring or firing employees, or when assigning benefits, job assignments, or training.  Despite this, many people still experience age bias in the course of their employment.  If you are the victim of age bias, what remedies are available to you under the ADEA?

The goal of the ADEA is to put you in the same position as you would be if the discrimination had never occurred.  The remedy therefore depends on what age bias you were a victim of and what effect it had on you.  For example, if you were fired from your job due to age bias, you may be awarded back pay for the wages and benefits you did not receive after the discrimination.  Also, you might be re-hired. 

 If your employer’s actions were found to have been willful, then you are also entitled to “liquidated” damages.  Under the ADEA, this is an additional award equal to the amount of back pay. 

 If you believe you have been the victim of age bias, it is a good idea to consult with a lawyer.  An experienced employment attorney will be able to review your situation, let you know if your employer did in fact engage in illegal acts, and give you a good idea of what damages you are eligible for.  

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Last Modified: 06-26-2013 02:47 PM PDT

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