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ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

What to Do if You Are Discriminated Against

What will happen if I win my case?

The court will order the employer to make up to you what you lost through discrimination. This might include

  • the awarding of back pay for salary you did not receive while unemployed;
  • the awarding of future pay, or "front pay," for a period of time;
  • compensation for lost benefits, or reinstatement of lost benefits--such as seniority rights, health or insurance benefits, sick leave, savings plan benefits, expected raises, stock bonus plan benefits, and lost overtime pay;
  • reinstatement in your former job, with your former salary and benefits; and
  • double damages in cases of willful violations of the Age Discrimination in Employment Act (ADEA).

    If you win your case, the company that discriminated against you may have to pay for your lawyer and other expenses, as well as for court costs.

    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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