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Hastings Law Journal

Abstract

Although the Age Discrimination in Employment Act (ADEA) clearly authorizes an award of compensatory damages for pain and suffering resulting from age discrimination, it is less clear that an award of punitive damages is contemplated by the statute. This Comment reviews the judicial development of punitive damages under the ADEA. The Comment next examines whether the language of the Act, its similarity to other statutes, the availability of liquidated damages under the ADEA, or public policy requires that the courts be permitted to make awards of punitive damages. The Comment concludes that an award of punitive damages is appropriate under the ADEA.

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