Question

Sam worked for a major bank for nearly four decades. Though a number of co-workers were over 40, Sam was the oldest and most productive member of his department, earning the highest salary. When the bank engaged in a reduction in force (RIF), Sam was only one terminated from his department. If Sam sued for ADEA violations what would be the likely outcome?

Answer 1

If Sam sues his employer for ADEA violations (discrimination resulting to termination of Sam because of his age of 40 years),he has to file a charge of discrimination at Equal Employment Opportunity Commission, or federal agency or state agency reponsible for enforcing the laws which prohibit age discrimination.The agency will try to settle down your claim or ask the employee to file a suit against his employer.

If on filing a suit court finds that yes the employer has terminated Sam because of age discrimination the court will order the employer to do:

1.Sam will get all his salary,benefits and other compensation which he failed to recieve because of termination.

2.Employer will again bring Sam back to his services.

3.In case regaining services is practically not possible then the court can order employer to pay Sam a sum equivalent to future compensation he will loose in future.

4.Employer will also pay fines and penalties for violating the act.

5.Employer will bear all the court fees,attorney fees and other charges in respect of filing of law suit.

But yes the loss on account of pain,demmotiavation,disrespect is not available under ADEA Act.