Age Discrimination (ADEA) Damages Calculator

The Age Discrimination in Employment Act protects workers 40 and older from age-based employment decisions by employers with 20 or more employees. Unique to ADEA: no compensatory or punitive damages are available. Instead, willful violations double the back pay award through 'liquidated damages.' Combined with uncapped front pay and mandatory attorney's fees, ADEA can produce substantial recoveries for high-earners.

The 'But-For' Causation Standard

In Gross v. FBL Financial Services (2009) the Supreme Court held that ADEA plaintiffs must prove age was the 'but-for' cause of the adverse action — a higher bar than Title VII's mixed-motive standard. The employer cannot defend by showing they would have taken the same action for other legitimate reasons. This makes ADEA cases harder to win at trial than race or sex discrimination cases under Title VII. Strong cases typically combine direct evidence (age-related comments by decision-makers) with statistical evidence of pattern-and-practice age bias in the workforce.

Why Liquidated Damages Matter For High Earners

For high-earners, ADEA's doubled-back-pay can produce more recovery than the capped compensatory damages under ADA or Title VII. A CEO terminated at $400K/year who waits 2 years for trial accrues $800K in back pay. Willful liquidated damages double that to $1.6M. Add 3 years front pay ($1.2M) = $2.8M total — much more than the $300K compensatory cap under Title VII. Settlement leverage is also stronger because employers know the calculation. This is why ADEA cases involving senior executives often settle for $1M+ even when discovery is just beginning.

Last updated May 2026. Sources: EEOC Age Discrimination.