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The law protects those 40 and older from age discrimination in all aspects of the employment relationship. Included are prohibitions against the following: Mandatory retirement. Layoff or reduction in force because of age.
Successful plaintiffs in employment cases can recover wages they would have earned up to the time of trial?called back pay. They can also seek future lost wages and benefits?called front pay. Many employment discrimination laws also allow employees to recover for their emotional distress.
For companies with up to 100 employees, the limit of compensatory damages is $50,000. For those that have between 101 and 200 employees, the limit for damages is $100,000, while companies with between 201 and 500 employees have a limit of $200,000.
Direct evidence. Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
Unfortunately, it can be difficult to prove a wrongful termination was due to discrimination in the workplace because the employer may claim ?pretext,? or false reason for the wrongful termination.
The way in which that can be done and proven is generally through circumstantial evidence showing that you are a member of a protected class, that you were denied a promotion, for example, and that the reason that your employer gave for why it denied you that promotion, was actually just a pretext for discrimination.