COMMENT
General compensatory damages, such as for pain and suffering, are not recoverable in ADEA actions. Rogers v. Exxon Research and Engineering Co., 550 F.2d 834, 842 (3d Cir. 1977) (relying on legislative history tying recovery under the ADEA to that provided by the Fair Labor Standards Act, and not Title VII; holding that “damages for pain and suffering or emotional distress cannot properly be awarded in ADEA cases”), overruled on other grounds by Holliday v. Ketchum, MacLeod & Grove, Inc., 584 F.2d 1221 (3d Cir. 1978) (en banc); Haskell v. Kaman Corp., 743 F.2d 113, 120-21 (2d Cir. 1984) (“plaintiffs are not entitled to recovery for emotional distress in ADEA actions”).The ADEA mandates an award for back pay and liquidated damages, and permits an award for front pay. See Instructions 8.4.2 - 8.4.4 for instructions covering these awards.
