NCJ Number
118098
Journal
Trial Volume: 25 Issue: 6 Dated: (June 1989) Pages: 26,27,28
Date Published
1989
Length
3 pages
Annotation
Under the Age Discrimination in Employment Act (ADEA), a victim of age discrimination is entitled to be "made whole," i.e., placed in the position that he would have been in but for the discrimination.
Abstract
This "make whole" relief may include reinstatement, back pay, front pay, prejudgment interest, and liquidated damages for willful violations. There are two components to a back pay award: lost wages and lost fringe benefits. Of the two, lost fringe benefits is the most difficult to compute and may include lost health, life, and disability insurance; bonuses; pension; profit sharing; savings plans; stock options plans; and vacation days. Reinstatement is the preferred remedy under the ADEA, since it serves the purpose of the continued employment of older workers. However, if it is decided that reinstatement is not feasible, it is within the court's discretion to award lost future wages or front pay. Courts have discretion to award prejudgment interest, but are split on whether prejudgment interest can be awarded in conjunction with, or only as an alternative to, liquidated damages. 53 notes.