Age cannot and should not be a deciding factor for promotions, salary, hiring and other considerations. Though it may be subtle, age discrimination is a relatively common case type in employment law. In 2020, age discrimination cases accounted for 21% of all cited discrimination charges. If you have been fired, denied a promotion, forced into retirement or experienced some other form of age discrimination from your employer, you may have an age discrimination case.
If you think you have a possible case, find out how much an age discrimination lawsuit is worth before attempting to take action.
Average Age Discrimination Settlement Amounts
Because settlement amounts are often kept confidential, it can be difficult to estimate the amount of average age discrimination settlements. Average amounts can vary widely, depending on a number of factors. For example, the type of case, location, how strong your proof is or the extent of damages can affect your case. Keep in mind that your attorney and their success rate can also play a role in what your settlement could be.
Every attorney is different, so it is beneficial to understand how they would value and represent your case, as well as how they would evaluate the factors above. Remember to consider what their track record looks like, as well. Consulting with the attorney before pursuing possible litigation can help you see what their average settlements and successes look like.
Potential Damages to Be Collected
If you can sue your employer for age discrimination, there are multiple types of age discrimination lawsuit awards you could potentially collect if you win the trial. To most accurately understand the damages you could collect, consult with an attorney. The categories of damages can differ at the federal and state levels, and the damages may differ from state to state.
Emotional Distress
Age discrimination can be emotionally damaging for many employees who experience it. Under federal law, you cannot be awarded emotional distress damages. However, there may be state-level age discrimination laws that allow employees to win emotional distress damages. You may need to prove you have experienced emotional distress, which could require a mental health evaluation. A mental health expert may even need to testify at your trial to confirm your mental state.
Emotional distress damages can be difficult to estimate in dollar amounts because the jury decides how much money you should be awarded. If your attorney has dealt with similar cases, they may be able to provide an idea of what others were awarded for similar cases.
Future Pay and Lost Back Pay
Both federal and state laws may award back pay and front pay to employees in winning age discrimination cases to help them recover any wages they may have lost. Back pay helps you recover any pay you lost between the incident and the trial. You could also recover front pay, which is the amount of money you will lose from not working during the trial and beyond.
To be awarded these damages, you need to prove your employer laid you off because of your age, and you have to show how being laid off has negatively affected your career and earnings. For example, if you have had difficulty being hired in a similar position since being laid off, or have to accept a job with less pay, this could be proof.
Liquidated Damages
Race, gender, sexual orientation, pregnancy, disability and religious discrimination cases may result in punitive damages, but intentional age discrimination cases cannot. Instead, you may receive liquidated damages.
Punitive damages are an additional form of compensation your employer would be required to provide as a punishment if you won your race, religious, gender or another applicable discrimination case. Only some states will award punitive damages, and even then, they can be difficult to win. These damages are typically only rewarded in cases where you can significantly exceed the standard of proof.
Though the Age Discrimination in Employment Act (ADEA) does not award punitive damages, they will award liquidated damages if you can prove that your employer knowingly and intentionally discriminated against you because of your age. Liquidated damages awarded under the ADEA can amount to what you are awarded in lost back pay.
Lost Benefits
The ADEA and many state laws allow employees to recover the financial value of any benefits they would have received but for the discriminatory incident, like retirement and health care benefits. This can include the employer’s contributions as well as the amounts those contributions would have earned had they been made.
Attorney Fees
If your case is successful, the ADEA and some states may award attorney fees, which the employer will be required to pay in addition to any damages awarded to you.
What Is My Age Discrimination Case Worth?
As we mentioned earlier, the value of your case will vary depending on numerous factors. When valuing your case, an attorney will use their expertise to consider the type of case, who your employer was and what jurisdiction the case will be in. Take a closer look at how each of these factors can affect the value of your case:
- Type of case: The type of employment discrimination case you may be able to file can affect the case worth. For example, age discrimination cases cannot be awarded punitive damages under the ADEA, but disability cases may receive punitive damages under the Americans with Disabilities Act (ADA). Without a chance to win punitive damages, your case’s value may be reduced.
- Employer: Looking at the specific employer is important. Some employers may be more or less willing to fight the case in court, which will affect the settlement. The size and financial stability of the employer can also affect the value of your case. Smaller companies may be limited in what they can pay in comparison to larger or more stable companies. Whether or not your employer had insurance coverage to apply to your case may also affect a the employer’s ability to satisfy a judgment or settle a case.
- Jurisdiction: Some states tend to be either more employer- or employee-friendly. In employer-friendly jurisdictions, your legal claims may be more limited than in jurisdictions that tend to favor the employee.
There are other additional factors that your attorney will look at when valuing your case, so be sure to ask about all determining factors in your consultation.
Get a Free Consultation From Weisberg Cummings, P.C.
At Weisberg Cummings, we can offer you a free consultation if you think you’ve experienced age discrimination at work. We will use 40 years of combined experience and expertise to assess your case and determine your options. With a deep understanding of Pennsylvania employment and ADEA laws, our attorneys at Weisberg Cummings can help you determine if you have a case.
To find out if you have an age discrimination case and what its value may be, contact us today to get a free consultation.
