lehman nakshian argued march decided june age discrimination employment act adea act amended extend federal employees act protection older workers discrimination workplace based age section act provides aggrieved federal employee may bring civil action federal district competent jurisdiction legal equitable relief effectuate purposes act respondent federal employee brought suit federal district secretary navy alleging violations act demanding jury trial district ruled secretary objection respondent entitled jury trial interlocutory appeal appeals affirmed held respondent entitled jury trial pp congress waives government immunity suit adea plaintiff right trial jury congress affirmatively unambiguously granted right statute pp congress done neither provision federal employer cases brought federal district courts rather claims use word legal section evinces congressional intent adea plaintiffs proceed trial federal government may jury lorillard pons distinguished section contrasts act expressly provides jury trials actions private employers state local governments moreover extending act cover federal employees congress based provision fair labor standards act title vii civil rights act unlike flsa right trial jury pp legislative history supports holding respondent right jury trial statutory language pp stewart delivered opinion burger white powell rehnquist joined brennan filed dissenting opinion marshall blackmun stevens joined post edwin kneedler argued cause petitioner briefs solicitor general mccree acting assistant attorney general martin deputy solicitor general geller robert kopp michael jay singer patricia barry argued cause filed brief respondent briefs amici curiae urging affirmance filed mary jacksteit american federation government employees congressman claude pepper pro se edward howard pepper et al justice stewart delivered opinion question presented case whether plaintiff action age discrimination employment act entitled trial jury amendments age discrimination employment act added new brought federal government within scope act first time section prohibits federal government discrimination based age civilian employment decisions concerning persons years age section provides enforcement agencies including military departments responsibility equal employment opportunity commission commission directed issue rules regulations orders instructions commission deems necessary appropriate carry responsibility section provides person aggrieved may bring civil action federal district competent jurisdiction legal equitable relief effectuate purposes act stat interlocutory appeal divided panel appeals affirmed nakshian claytor app appellate rejected secretary argument plaintiff entitled trial jury suit trial expressly authorized instead viewed question ordinary question statutory interpretation found sufficient evidence legislative intent provide trial jury cases noting congress conferred jurisdiction adea suits upon federal district courts rather claims appeals concluded absent provision method trial grant jurisdiction district law carries right jury trial quoting moore lucas wicker moore federal practice footnotes omitted appeals also adopted district view legal relief language view existence explicit statutory right jury trial suits private employers negate existence right jury trial suits government since provision jury trials private suits added resolve conflict courts appeals issue confirm correctness decision lorillard case granted certiorari consider issue presented sub nom hildalgo nakshian ii long settled seventh amendment right trial jury apply actions federal government galloway observed footnotes omitted suit one enforce monetary claim hardly maintained common law jury trial matter right persons asserting claims sovereign whatever force amendment therefore derived congress legislation cited made applicable congress waived sovereign immunity almost always conditioned waiver upon plaintiff relinquishing claim jury trial jury trials example made available claims broad range cases within jurisdiction claims founded either upon constitution act congress upon express implied contract liquidated unliquidated damages cases sounding tort see glidden supra jury trial right range cases federal district courts concurrent jurisdiction see finally tort actions see congress similarly provided trials shall without jury appropriate inquiry therefore whether congress clearly unequivocally departed usual practice area granted right trial jury amended adea section adea ed supp iii prohibits age discrimination federal employment section provides means judicial enforcement guarantee person aggrieved may bring civil action federal district competent jurisdiction legal equitable relief effectuate purposes act section contrasts act supp iii authorizes civil actions private employers state local governments expressly provides jury trials congress accordingly demonstrated knew provide statutory right jury trial wished elsewhere legislation cited galloway supra failed explicitly see fedorenko cf monroe standard oil respondent infers statutory intent language providing award legal equitable relief relying lorillard pons proposition authorization legal relief supports statutory jury trial right lorillard application context first place word legal deemed lorillard described term art respect availability jury trials cases defendant federal government lorillard authorization award legal relief significant largely presence constitutional question observed legal relief granted litigation private parties seventh amendment guarantees right jury reasoned congress must aware significance word legal context seventh amendment application actions law government congress always recognized thus particular significance attributed word legal moreover another basis decision lorillard congress chose incorporate enforcement scheme fair labor standards act flsa adea adopted adea flsa practice making jury trials available reasoning relevance case congress incorporate flsa enforcement scheme see supp iii rather patterned civil rights act amended march see pub stat extend protection title vii federal employees see cong rec remarks bentsen principal sponsor adea course contrast flsa right trial jury cases arising title vii see lorillard supra great american federal savings loan assn novotny respondent also infers right trial jury fact congress conferred jurisdiction adea suits upon federal district courts jury trials ordinarily available rather upon claims little logical support inference legislative history offers support either moreover rule federal rules civil procedure provides right jury trial declared seventh amendment constitution given statute shall preserved parties inviolate emphasis added language hardly general rule jury trials presumed whenever congress provides cases brought federal district courts indeed rule requires affirmative statutory grant right case seventh amendment apply already indicated unnecessary go beyond language statute conclude congress intend confer right trial jury adea plaintiffs proceeding federal government helpful briefly explore legislative history demonstrate supports holding appeals statutory language respondent point single reference legislative history subject jury trials cases brought federal government none nothing indicate congress mean plainly indicated expressly provided jury trials cases cases fact inferences may drawn legislative history inconsistent respondent position adea originally applied actions private employers section incorporated enforcement scheme used employee actions private employers flsa lorillard found incorporation flsa scheme indicated flsa right trial jury also incorporated lorillard holding codified amended provide expressly jury trials actions brought section congress expanded scope adea include state local government federal government employers state local governments added potential defendants simple expansion term employer adea existing substantive procedural provisions act including thereby extended cover state local government employees contrast congress added entirely new section address problems age discrimination federal employment congress deliberately prescribed distinct statutory scheme applicable federal sector one based flsa already indicated title vii unlike flsa right trial jury finally amendment adea congress declined opportunity extend right trial jury federal employee plaintiffs announcement lorillard senate house included amendment provide jury trials pending bill revise adea lorillard conference committee recommended congress enacted present closely resembling jury trial amendment passed senate conference recommend congress enact corresponding amendment provide jury trials cases federal government indeed conferees recommended congress enacted new supp iii providing federal personnel actions covered subject section adea one exception relevant see conf see also section complete since new subsection clearly emphasized unaffected sections including governing procedures applicable actions private employers judge tamm dissenting appeals surely correct concluded amending sections congress overlooked need amend allow jury trials government employees wished app even legislative history ambiguous affect proper resolution case plaintiff action right trial jury congress affirmatively unambiguously granted right statute congress obviously done neither provision federal employer cases brought district courts rather claims use word legal section evinces congressional intent adea plaintiffs proceed trial federal government may jury congress expressly provided jury trials section act applicable privatesector employers state local governmental entities section applicable federal government employer indeed patterned section provisions another act right trial jury conclusion inescapable congress depart normal practice providing right trial jury waived sovereign immunity reasons judgment appeals reversed ordered footnotes section amended provides pertinent part personnel actions affecting employees applicants employment least years age military departments enumerated government agencies shall made free discrimination based age supp iii ed supp iii section amended set forth supp iii provides person aggrieved may bring civil action competent jurisdiction legal equitable relief effectuate purposes chapter provided right person bring action shall terminate upon commencement action commission enforce right employee chapter action brought paragraph person shall entitled trial jury issue fact action recovery amounts owing result violation chapter regardless whether equitable relief sought party action see supra difficult appreciate congress reluctance provide jury trials fashioning narrow exception permit jury trials tax refund cases federal district courts legislation congress recognized established wholly new precedent congress expressed concern juries might tend overly generous virtually unlimited ability government pay verdict ibid indeed firm opposition breaking precedent house conferees took almost year acceding passage bill containing exception much debate conferees became convinced danger excessive verdicts result jury trials unique context recoveries limited amount taxes illegally erroneously collected bill passed see conf respondent argues strong presumption waiver sovereign immunity relevance question right trial jury clear doctrine sovereign immunity attendant presumptions must inform decision case reason seventh amendment presumption favor jury trials apply actions law immune suit seventh amendment right jury trial therefore never existed respect suit since generally applicable jury trial right attaches consents suit accepted principles sovereign immunity require jury trial right clearly provided legislation creating cause action dissenters contend argument made expense overruling lorillard decision hereafter indicated lorillard little relevance course position taken dissent totally loses force view amendments adea see infra congress expressly extended jury trial right decisions cited lorillard proposition right jury trial flsa actions appear rested seventh amendment flsa thus reason seventh amendment apply suits federal government comparable right trial jury flsa suits federal government accordingly even congress intended incorporate flsa enforcement scheme adea basis inferring right jury trial adea cases employer federal government number reasons congress may chosen limit jurisdiction federal district courts along state courts already jurisdiction adea cases congress may decided follow course federal sector cases confined jurisdiction federal district courts trials state courts actions federal government exclusive district jurisdiction also consistent jurisdictional references title vii civil rights act see congress may also believed appropriate trials federal district courts unlike claims accustomed awarding equitable relief sort authorized respondent relies pfitsch language relied pfitsch dicta since parties case agreed trial sitting without jury jury trial issue therefore directly event pfitsch plainly distinguishable congress specifically rejected proposal presented attention precise form confer concurrent jurisdiction district courts claims tucker act instead conferred new exclusive jurisdiction district courts given particular legislative history case found difficult conceive rational ground conferring exclusive jurisdiction district courts except provide jury trials ibid course true see supra moreover pfitsch arose rule federal rules civil procedure rule made clear general right trial jury civil actions federal district courts rule establishes mechanism determining right seventh amendment applies statute provides respondent also relies law statement law regarding jury trials fact cite pfitsch also dictum virtually relevance context bill introduced senator bentsen march cong rec represented first attempt prohibit age discrimination federal employment bill simply amended definition employer act include federal government well state local governments result presumably bring federal employees procedural provisions senator bentsen subsequently submitted revised version bill form amendment pending flsa amendments see cong rec contrast senator bentsen original bill amendment adea proposed expansion definition term employer respect state local governments adea coverage federal employees accomplished addition entirely new separate section act presently senator bentsen amendment included flsa bill reported committee labor public welfare pp remained form bill enacted law sections adea offered senator bentsen finally enacted patterned directly civil rights act amended march see pub stat extend title vii protections federal employees senator bentsen acknowledged measures used protect federal employees age discrimination substantially similar incorporated recently enacted amendments title vii cong rec fact floor consideration amendments title vii senate rejected amendment conferred statutory right trial jury title vii cases id senator javits opposing amendment observed impose special requirement cases distinguished antidiscrimination field generally jury trial justice brennan justice marshall justice blackmun justice stevens join dissenting lorillard pons held employee brings action private employer age discrimination employment act adea act entitled trial jury question presented case whether plaintiff right trial jury action federal government adea today holds jury trial available actions believe congress unmistakably manifested intention accord jury trial right dissent respondent brought lawsuit district district columbia secretary navy alleging violations adea demanded jury trial secretary moved strike demand district denied motion strike certified interlocutory appeal question whether jury trial available adea action federal government see appeals granted secretary petition interlocutory review affirmed ruling district respondent entitled jury trial nakshian claytor app relying principally fact congress vested jurisdiction adea suits federal government federal district courts rather claims authorization act award legal equitable relief appeals construed statute accord jury trial ii well settled sovereign immune suit save consents sued testan quoting sherwood consent suit must unequivocally expressed mitchell king adea expressly waived immunity ed supp iii doubt consent sued requirement waiver immunity unequivocally expressed however suggests carry presumption jury trial cases waived immunity indeed previously declined adopt presumption see law pfitsch moreover view presumption jury trials suits federal government belied statutes cites indicate congress often conditioned waiver immunity upon plaintiff relinquishing claim jury trial ante fact congress found necessary state expressly jury trial right broad range cases government see demonstrates congress legislate backdrop presumption jury trial right suits believe therefore government unequivocally waives immunity suit plaintiff right jury trial question statutory construction proper inquiry whether statute expressly fair implication provides jury trial see law supra pfitsch supra moore lucas wicker moore federal practice wright miller federal practice procedure turn therefore statute congress passed adea protect older workers discrimination workplace basis age see oscar mayer evans lorillard pons see generally note age discrimination employment rev act protection originally limited employees private sector see pub stat ed congress amended act adding extended protection federal employees well section provides personnel actions affecting federal employees shall made free discrimination based age grants equal employment opportunity commission authority enforce statutory provisions although provision expressly grants precludes jury trial congress provided stat ny federal employee aggrieved may bring civil action federal district competent jurisdiction legal equitable relief effectuate purposes act emphasis added provision believe demonstrates congressional intent allow jury trial adea suits federal government lorillard pons supra construed provision identical relevant respects afford age discrimination plaintiffs right jury trial private employers reached result two reasons first found language provisions chapter shall enforced accordance powers remedies procedures certain provisions fair labor standards act flsa suggested congress intended grant jury trial right ong congress enacted adea well established right jury trial private actions pursuant flsa second significant case found authorization courts grant individuals seek legal equitable relief emphasis added strongly suggested congress intended grant jury trial right thus held matter statutory construction adea allows jury trials actions private employers instant case congress similarly authorized aggrieved persons seek district courts grant legal equitable relief effectuate purposes chapter emphasis added thereby suggesting federal employees entitled jury trial adea unanimous emphasized lorillard word legal term art cases legal relief available legal rights determined seventh amendment provides right jury trial see curtis loether words employed statute time meaning common law law country presumed used sense unless context compels contrary standard oil see gilbert montclair ramsdell infer therefore providing specifically legal relief congress knew significance term legal intended jury trial demand strong inference congress intended legislate jury trial right reinforced congress decision vest jurisdiction district courts rather claims decide adea suits brought federal government previously observed vesting jurisdiction district courts rather claims supports inference right jury trial pfitsch stated right jury trial incident grant exclusive jurisdiction district courts similarly law held district erred denying right jury trial war risk insurance act concluded jurisdiction exceptional jurisdiction concurrent claims rather exercised accordance laws governing usual procedure actions law money compensation congress vesting jurisdiction federal district courts adea suggests therefore intended provide jury trial right federal adea plaintiffs legislative history adea amendments extending protection federal employees consistent conclusion congress intended allow jury trials congress failure include federal employees adea act first passed represent conscious decision congress limit adea employment private sector reflects fact adea enacted government employees outside scope flsa wage hour public contracts divisions department labor enforces fair labor standards act assigned responsibility enforcing age discrimination employment act strong manifestation congressional intent language legislative history amendments enhanced total absence persuasive evidence contrary legislative intent argues nonetheless congress decision amend adea provide explicitly jury trials private employer cases brought without also amending demonstrates intention preclude jury trials government completely unpersuaded bill led codification jury trial right introduced senator kennedy decided lorillard order settle conflict among courts appeals availability jury trials adea suits private employers senator kennedy proposed amendment adea state haec verba jury trials allowed cong rec senator kennedy amendment adopted senate without debate lorillard subsequently decided thereafter congress passed kennedy amendment modification proposed house conference extending jury trial right beyond proposed senator kennedy passed senate include claims liquidated damages discern congressional intent preclude right jury trial adea actions federal government sequence events plausible explanation one textual support relevant legislative history conf pp congress understood lorillard opinion conferring power award legal relief suggested jury trial right reason congress proceeded kennedy amendment make clear suits wages tried jury also suits liquidated damages tried jury issue explicitly left unresolved lorillard moreover congress add provision added indicative intent prohibit jury trials additional reason conflict courts appeals whether employees jury trial private employers prompted senator kennedy introduce bill parallel development courts interpreting legislative history therefore support conclusion seeks draw also argues absence reference flsa powers remedies procedures refers upon lorillard partially relied suggests congress intend allow jury trials federal government decision lorillard rested equally provision legal equitable relief strong independent indication congressional intent allow jury trials addition likely explanation absence reference flsa sections referred congress intended use existing administrative procedures enforce provisions appropriate remedies including reinstatement hiring employees without backpay supp iii prior amendments extending adea coverage federal employees employment discrimination complaints federal employees processed civil service commission surprising congress decided use existing administrative machinery enforce adea provisions protecting federal employees see fed reg reprinted amended cfr failure refer flsa procedures apparently derives desire limit jury trials intention employ different administrative procedures age discrimination complaints brought federal government seen light strained interpretation failure refer flsa procedures totally unpersuasive iii based language legislative history consistent interpretation language hold congress intended allow jury trials adea suits federal government appeals correctly noted since sovereign immunity bars actions government actions tried well tried jury difficult see doctrine create presumption particular method trial nce congress waived government immunity explicitly specified trial procedure followed sovereign immunity drops picture courts must scrutinize available indicia legislative intent see trial procedure congress authorized nakshian claytor app course seventh amendment right jury trial federal government galloway mcelrath rule federal rules civil procedure contrary provides right trial jury declared seventh amendment constitution given statute shall preserved parties inviolate requirement rule congress make intent authorize jury trials express provided congress otherwise makes intent known indeed rule fully applicable time lorillard pons found jury trial right even though words trial jury appear statute argue otherwise stating rule requires affirmative statutory grant jury trial right ante argue rule requires jury trial right express obviously argument frivolous since lorillard found jury trial right absence express provision conferring right either rule require grant express suggest unanimous holding lorillard wrong still misapprehends thrust argument rule hardly general rule jury trials presumed whenever congress provides cases brought federal district courts ante simply argued conferral jurisdiction district courts raises inference jury trial right suits claims jury trial right available alternative forum cases congress chose cases federal district courts claims appropriate forum originally passed definition term employer expressly excluded political subdivisions adea coverage pub stat equal employment opportunity commission assumed enforcement authority civil service commission pursuant reorganization plan cfr app supp iii section adea read lorillard decided stated full person aggrieved may bring civil action competent jurisdiction legal equitable relief effectuate purposes chapter provided right person bring action shall terminate upon commencement action secretary enforce right employee chapter construing statute allow jury trial decide whether seventh amendment requires private action lost wages adea parties must given option case heard jury statement lorillard authorization award legal relief significant largely presence constitutional question correct ante sure constitutional question present lorillard specifically declined ground decision seventh amendment see supra rather construed language legal equitable relief adea concluded congress used words legal relief equally present intended jury trial right available congress used words legal relief differently way used words implausible moreover erroneously suggests identical title vii civil rights act ante fails note title vii authorize courts award legal relief pfitsch construed lever act conferred exclusive jurisdiction district courts hear lawsuits brought persons dissatisfied president award compensation supplies requisitioned federal government deciding judgment rendered reviewable direct writ error stated congress issue clearly drawn granting adjudication cases arising concurrent jurisdiction claims district courts without trial jury establishing exclusive jurisdiction district courts right jury trial incident emphasis added congress far legislative history indicates expressly debate vesting concurrent jurisdiction claims adea suits federal government weaken force pfitsch despite protestations contrary indeed law important case virtually ignores see ante significance whether congress specifically considered vesting jurisdiction claims order conclude war risk insurance act authorized jury trial suit federal government significant instant case allowing suits government adea congress expressly opted jurisdiction district courts claims lawsuits government alternative forum congress undoubtedly aware one leading commentator concluded congress may confer jurisdiction actions upon district sitting law equity claims admiralty particular grant jurisdiction determine method trial jury absence express provision dealing method trial thus absent provision method trial grant jurisdiction district law carries right jury trial moore lucas wicker moore federal practice emphasis added footnotes omitted senator bentsen also stated reason private enterprise subject restrictions applicable federal government legislation give workers coverage age discrimination law give procedure pursue complaints cong rec section adea supp iii provides person aggrieved may bring civil action competent jurisdiction legal equitable relief effectuate purposes chapter provided right person bring action shall terminate upon commencement action secretary enforce right employee chapter action brought paragraph person shall entitled trial jury issue fact action recovery amounts owing result violation chapter regardless whether equitable relief sought party action compare rogers exxon research engineering right jury trial cert denied pons lorillard aff morelock ncr right jury trial vacated remanded senator kennedy explained uries likely open issues raised plaintiffs sometimes judge may slightly callous perhaps protected life tenure somewhat removed usual relationship jury may neutral circumstances cong rec indeed conference report specifically noted recently decided lorillard pons went state liquidated damages nature legal relief manifest party entitled factual issues underlying claim decided jury conf recently ruled plaintiff entitled jury trial adea actions lost wages decide whether right jury trial claim liquidated damages suggests adea patterned significant respects title vii since title vii held lower federal courts allow jury trial right follows contemplate right find argument unpersuasive lorillard previously said despite important similarities title vii adea remedial procedural provisions two laws crucial find significant differences lorillard pons congress specifically provided legal equitable relief adea authorize legal relief many words title vii ibid interpretation supported congress extension adea protection employees state local governments occurred time congress extended coverage federal employees definitional section act amended include state local governments within definition employer age discrimination complaints state local governments tried jury reason complaints private entities nowhere legislative history congress evince desire allow state local government employees jury trial right withholding right federal employees rather federal employees covered separate section act apparently existing administrative machinery used