2.4 Remedies and Damages Under the Federal Equal Pay Act

• Library: Employment Law in Virginia (Virginia CLE) (2020 Ed.)

2.4 REMEDIES AND DAMAGES UNDER THE FEDERAL EQUAL PAY ACT

2.401 Back Pay. A prevailing plaintiff is entitled to back pay representing the difference between what was paid and what would have been paid had there been no discrimination. ⁶⁶ The plaintiff's recovery for a willful violation is limited to damages accrued during the three years before filing suit. ⁶⁷ The back pay period is two years in the case of a nonwillful violation. ⁶⁸

2.402 Liquidated Damages. An employer violating the Equal Pay Act may be liable for "an additional sum up to the amount of back pay, as liquidated damages" unless the employer can demonstrate to the court that its actions were taken in good faith ⁶⁹ with the employer's reasonable belief that it was not violating the statute. ⁷⁰ The determination is an equitable one. ⁷¹

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2.403 Costs and Attorney Fees. The court's award includes reasonable attorney fees, as well as costs of the action, to be paid by the defendant if judgment is for the plaintiff. ⁷²

2.404 Front Pay. An employer who is found to have discriminated against an incumbent employee may be required to raise the employee's compensation in order to avoid a continuing future violation. ⁷³

2.405 Prejudgment Interest. If liquidated damages are not awarded, prejudgment interest may be necessary to make the plaintiff whole. ⁷⁴ The award of prejudgment interest is within the trial court's discretion. ⁷⁵ A federal court is not bound by state law in determining the appropriate rate of prejudgment interest. ⁷⁶

2.406 Equitable Relief. Employment, reinstatement, or promotion may be ordered to remedy a violation of the nonretaliation provisions of the FLSA. ⁷⁷ The federal courts also have authority to...