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Emotional Distress and Punitive Damages

In an age discrimination case, the employee can sue for emotional distress and punitive damages. There is no science here - it is an emotional decision made by the jury. Many jurors feel empathy for older workers who were fired. Jurors are likely to envision themselves in similar positions some day.

In other cases, juror empathy is more difficult. For example, a white woman may not empathize with an African American woman who was fired due to her race. Similarly, a man may not be able to understand how sexual harassment impacts a woman. But everyone can relate to age discrimination.

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