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Lorillard v. Pons,
434 U.S. 575 (1978)
The only facts given by the Supreme Court in its opinion was that the plaintiff
sued her employer, claiming that she had been discharged on account of her age.
The Plaintiff specifically requested a jury trial, which the district court did
not allow. On interlocutory appeal the Fourth Circuit reversed. The Supreme Court
took the case on appeal to make a clear statement on the issue of whether a jury
trial is due a plaintiff in private actions brought under the ADEA.
The Supreme Court outlined in its opinion the ADEA’s provisions for enforcing
an age discrimination claim. The ADEA states that violations of that Act are to
be generally treated as violations of the Fair Labor Standards Act. Under that
Act the Secretary of Labor may bring suit on behalf of an aggrieved individual
for injunctive and monetary relief. The ADEA, following the FLSA, also allows
private civil actions to be brought, provided the aggrieved individual first gives
notice to the Secretary of Labor of her intention to sue so that the Secretary
can attempt to eliminate the alleged unlawful practice through informal methods.
After allowing the Secretary 60 days to conciliate the alleged unlawful practice,
the individual may sue. That right is extinguished if the Secretary commences
an action on her behalf.
The Court noted that, when Congress incorporates sections of an old law into
a new law, the Courts will presume that Congress was aware of the administrative
and judicial interpretations of that section and desired to adopt those interpretations
when it reenacted the statute without change. The Court went on to note that the
presumption is particularly appropriate here since, in enacting the ADEA, Congress
exhibited a detailed knowledge of the FLSA provisions and their judicial interpretations,
as well as a willingness to depart from those provisions regarded as undesirable
for incorporation.
The Court noted that, long before Congress enacted the ADEA, it was well established
that there was a right to a jury trial in private actions pursuant to the FLSA.
This right, coupled with the presumption discussed above, led the Court to hold
that plaintiffs in a private civil action under the ADEA are entitled to a trial
by jury if they so desire. In so holding, the Court affirmed the judgment of the
Fourth Circuit.
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