TBD | 8 PJI 4.1 | Pattern Jury Instructions | Third Circuit
Home About Contact |
8 PJI 4.1 | Third Circuit (US)
HB-PJI-CA03-08S0401 Download
small calculator icon

8 PJI 4.1 | ADEA | GENERAL COMPENSATORY DAMAGES

No Instruction
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.

(Last Updated July 2019)

Congratulations! You're now booked up on Pattern Jury Instruction 8 PJI 4.1 (US District Courts - 3rd Circuit)!

Please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
Icon-Email-WBIcon-Email-WG Icon-Youtube-WBIcon-Youtube-WG Icon-Share-WBIcon-Share-WG
Pages You Might Also Like