Section 15 Age Discrimination in Employment Act of 1967

• Library: Employment Discrimination 2008

The Age Discrimination in Employment Act of 1967 (ADEA),
29 U.S.C. §§ 621 et seq., allows for the recovery of legal and equitable relief “as may be appropriate . . . including without limitation judgments compelling employment, reinstatement or promotion” and an award of backpay. 29 U.S.C. § 626(b). In addition, the ADEA provides for the recovery of liquidated damages, but only in cases of willful violations. A willful violation under the ADEA is one that is intentional, knowing, and voluntary as distinguished from accidental or unknowing. In particular, a violation of the ADEA is willful if the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the ADEA. Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993). The court makes the award of liquidated damages if the jury concludes that a violation is willful. Id.; Lee v. Rapid City Area Sch. Dist. No. 51-4, 981 F.2d 316 (8^th Cir. 1992).

Courts have equitable powers to fashion broad remedial awards
to make the plaintiff...