If you have experienced age discrimination in San Francisco, you may be entitled to significant financial and non-financial remedies under both California and federal law. The specific compensation available depends on the strength of your claim, the nature of the harm you suffered, and which legal theories apply to your case.
At Lawless, Lawless & McGrath, we work to ensure that clients receive the full range of remedies they are entitled to—not just a partial recovery.
Back Pay
Back pay is one of the most common forms of relief in age discrimination cases. It compensates you for wages, salary, and benefits you lost as a result of discriminatory conduct—for example, if you were wrongfully terminated or denied a promotion because of your age.
Back pay is calculated from the date of the discriminatory act to the date of the court’s judgment or settlement and typically includes:
- Lost wages and salary
- Lost bonuses or commissions
- Lost employee benefits, such as health insurance or retirement contributions
Back pay is intended to put you in the financial position you would have been in had the discrimination not occurred.
Front Pay
In some cases, reinstatement to your former position is not practical—for example, if the working relationship has become too adversarial or the position no longer exists. When reinstatement is not a viable option, courts may award front pay, which compensates you for future lost earnings.
Front pay accounts for the ongoing financial impact of the discrimination, including reduced earning capacity, lost career advancement, and the difficulty older workers often face re-entering the job market at comparable salary levels.
Reinstatement
Where appropriate, courts can order an employer to reinstate a wrongfully terminated employee to their former position or a comparable role. While not always the preferred remedy—particularly after contentious litigation—reinstatement remains an available option and may be particularly meaningful for employees who want to continue in their careers.
Compensatory Damages
Under California’s Fair Employment and Housing Act (FEHA), employees can recover compensatory damages for the non-economic harm caused by discrimination. This includes:
- Emotional distress: Compensation for anxiety, depression, humiliation, and the psychological impact of discriminatory treatment.
- Loss of enjoyment of life: Damages for the broader effect discrimination has had on your daily life and well-being.
- Harm to professional reputation: Compensation where discrimination has damaged your standing in your field or industry.
California courts take emotional distress damages seriously in discrimination cases, and these awards can be substantial depending on the severity and duration of the conduct.
Punitive Damages
In cases involving particularly egregious or malicious conduct, California law allows for punitive damages under FEHA. These damages are designed not to compensate the employee but to punish the employer and deter future misconduct.
Punitive damages are more likely to be awarded when an employer acted with malice, oppression, or fraud—for example, when discrimination was part of a deliberate policy, when management ignored repeated complaints, or when retaliation was carried out in a calculated manner.
It is worth noting that the federal Age Discrimination in Employment Act (ADEA) does not allow punitive damages. For this reason, California employees often pursue claims under FEHA in addition to, or instead of, the ADEA.
Attorney’s Fees and Costs
Prevailing employees in FEHA and ADEA cases are generally entitled to recover attorney’s fees and litigation costs from the employer. This means that if your case is successful, you should not have to bear the cost of legal representation out of your recovery, making it more feasible to pursue a legitimate claim.
What Affects the Amount of Your Recovery?
Several factors influence the total compensation available in your case, including:
- The length of time you were affected by discrimination
- Your salary, benefits, and career trajectory at the time of the discriminatory act
- The severity of your emotional distress and its documented impact on your life
- The egregiousness of your employer’s conduct
- Whether retaliation occurred in addition to the underlying discrimination
An experienced attorney can assess the full scope of your damages and build a case that reflects the true extent of the harm you suffered.
How Lawless, Lawless & McGrath Can Help
Recovering full compensation in an age discrimination case requires a thorough understanding of California and federal law and a strategy tailored to your specific circumstances. Our attorneys evaluate every element of potential recovery—from back pay to punitive damages—and fight to ensure you are not shortchanged in a settlement or judgment.
If you have experienced age discrimination in San Francisco, contact Lawless, Lawless & McGrath today for a consultation. You deserve accountability and fair compensation for what you have been through.