COMMENT
29 U.S.C. § 216(b) provides that recovery for an Equal Pay Act violation consists of the amount of underpayment and “an additional equal amount as liquidated damages.” There is no statutory authority for an award of damages such as for emotional distress, pain and suffering, or lost opportunity. Accordingly, no instruction is provided.It should be noted, however, that general compensatory damages are available if the cause of action is for retaliation rather than unequal pay. A damages instruction for retaliation is provided infra. See Instruction 11.3.7.
