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1. Availability of Damages for Retaliation Under ADEA and EPA
A 1977 amendment to the Fair Labor Standards Act authorizes both legal and equitablerelief for retaliation claims under that Act.56 Compensatory and punitive damages therefore are available for retaliation claims brought under the EPA and the ADEA, as well as under Title VII and the ADA.57 The compensatory and punitive damages obtained under the EPA and the ADEA are not subject to statutory caps.
2. Appropriateness of Punitive Damages
Proven retaliation frequently constitutes a practice undertaken "with malice or with reckless indifference to the federally protected rights of an aggrieved individual." Therefore, punitive damages often will be appropriate in retaliation claims brought under any of the statutes enforced by the EE0C.58