The Law
Federal Law - The Age Discrimination in Employment Act (ADEA) makes it illegal for an employer to terminate, fail to hire, or alter the terms, conditions or privileges of employment because an individual is 40 years of age or older. The ADEA also prohibits retaliation against an employee who opposes age-based discriminatory practices in the workplace.
Washington State Law (RCW 49.60) - the Washington Law Against Discrimination provides additional protections to older workers who have been subject to age discrimination. To make a case of age discrimination an employee must show that he or she:
- 1. Is 40 years of age or older
- 2. Was discharged or given some other form of adverse employment action
- 3. Was doing satisfactory work and
- 4. Was replaced by a younger person
Recovery
In an employment discrimination case, a wronged employee is entitled to recover the following damages:
- 1. Back pay – including wages and fringe benefits
- 2. Future earnings and fringe benefits
- 3. Emotional damages – no limit under Washington law
- 4. Expenses incurred due to the wrongful discharge – no limit under Washington law
- 5. Punitive damages – only under Federal Law when appropriate and limited to $300,000
If you believe that you have been the subject of age-based discrimination or retaliation, contact Tim or Ryan Pauley at the Pauley Law Group, pllc. Both are attorneys and practice in this area.
