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3-B | COMPENSATORY AND PUNITIVE DAMAGES

1. Availability of Damages for Retaliation Under ADEA and EPA

A 1977 amendment to the Fair Labor Standards Act authorizes both legal and equitable relief 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
Footnotes
56 29 U.S.C. §216(b).
57 See Moskowitz v. Trustees of Purdue University, 5 F.3d 279 (7th Cir. 1993) (FLSA amendment allows common law damages in addition to back wages and liquidated damages where plaintiff is retaliated against for exercising his rights under the ADEA); Soto v. Adams Elevator Equip. Co., 941 F.2d 543(7th Cir. 1991) (FLSA amendment authorizes compensatory and punitive damages for retaliation claims under the EPA, in addition to lost wages and liquidated damages).
58 See Kim v. Nash Finch Co., 123 F.3d 1046 (8th Cir. 1997) (evidence of retaliation supported jury finding of reckless indifference to plaintiff's rights; although $7 million award for punitive damages was excessive, district court's lowered award of $300,000 was not).
Congratulations! You're now booked up on Item 3-B of Chapter 8: Retaliation from the EEOC's Compliance Manual!
You might need to reference it during your pursuit of justice.

For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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