Compensatory Damages For Pain and Suffering Not Available Under ADEA

In a recent case, the 10th Circuit Court of Appeals reaffirmed that damages for emotional distress are not available to an employee suing under the Age Discrimination in Employment Act.  In this particular case, the court held that the employee failed to state a claim under the ADEA because he made no claim for pecuniary benefits related to his job or for any equitable relief; instead, his claim was limited to compensatory damages for pain and suffering which are not available under the statute.  A link the case can be found here.

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Daniel Kalish

A graduate of Harvard College and Yale Law School, Mr. Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalish’s practice focuses on complex trial work, and he represents employees in all aspects of employment litigation.

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