Chapter 4 - § 4.4 • REMEDIES FOR VIOLATION OF THE ADEA

• Jurisdiction: Colorado

§ 4.4 • REMEDIES FOR VIOLATION OF THE ADEA

The enforcement and remedy provisions of the ADEA are derived from the Fair Labor Standards Act (FLSA), not Title VII. As a result, the remedies and statutes of limitations closely resemble claims brought under the FLSA, rather than Title VII.

In any civil action brought under the ADEA, a court may grant appropriate legal or equitable relief, including orders of employment, reinstatement, promotion, back pay and injunctive relief. 29 U.S.C. §§ 216, 217, and 626(b); see, e.g., Villescas v. Abraham, 285 F. Supp. 2d 1248 (D. Colo. 2003) (prohibiting employer from future retaliation and requiring employer to apologize to former employee). Damages recoverable under the ADEA are limited to reimbursement for lost wages, equitable relief, and liquidated damages, and do not include damages for pain and suffering. Perrell v. FinanceAmerica Corp., 726 F.2d 654 (10th Cir. 1984). Front pay is available in lieu of reinstatement. Acrey v. Am. Sheep Indus. Ass'n, 981 F.2d 1569 (10th Cir. 1992). The value of unrealized stock option appreciation can be awarded as damages under the ADEA. Greene v. Safeway Stores, Inc., 210 F.3d 1237 (10th Cir. 2000). For federal-sector employees, even though a plaintiff may prevail for purposes of liability and injunctive or other forward-looking relief without showing "but-for" causation, proof of but-for causation is required in order to be eligible for forms of relief "related to the end result of an employment decision," such as "reinstatement, backpay, [or] compensatory damages." Babb v. Wilkie, 140 S. Ct. 1168 (2020).

A prevailing plaintiff may be entitled to double damages as liquidated damages in a case of a willful violation of the Act, where the employer knew or showed reckless disregard that its conduct was prohibited by the ADEA. 29 U.S.C. § 626(b); Trans World Air Lines, Inc. v. Thurston, 469 U.S. 111 (1985). The caps on punitive and emotional distress damages applicable under other discrimination statutes do not apply to liquidated damages under the ADEA. The liquidated damages provision specifies that only...