lorillard pons argued december decided february private civil action lost wages age discrimination employment act adea trial jury available sought one parties since although adea contains provision expressly granting right jury trial cases adea structure demonstrates congressional intent grant right pp directive adea act enforced accordance powers remedies procedures fair labor standards act flsa significant indication congress intent long adea enacted courts uniformly interpreted flsa afford right jury trial private actions pursuant act congress presumed aware interpretation incorporating certain remedial procedural provisions flsa adea congress demonstrated intention afford right jury trial pp directing adea actions lost wages treated actions unpaid minimum wages overtime compensation flsa congress dictated jury trial right available enforce flsa liability also available private actions adea conclusion supported language empowering grant legal equitable relief authorizing individuals bring actions legal equitable relief inferred congress knew significance term legal providing specifically legal relief intended jury trial demand enforce liability amounts deemed unpaid minimum wages overtime compensation pp contrary congressional intent found comparing adea title vii civil rights act assuming arguendo congress intend jury trials private actions title vii material difference adea title vii contrast adea title vii many words authorize legal relief availability backpay matter equitable discretion appears moreover congress rejected course adopting title vii procedures adea actions favor incorporating flsa procedures pp marshall delivered opinion members joined except blackmun took part consideration decision case thornton brooks argued cause petitioner brief daniel mcginn norman smith argued cause filed brief respondent justice marshall delivered opinion case presents question whether right jury trial private civil actions lost wages age discrimination employment act adea act stat amended stat et seq ed supp respondent commenced action petitioner former employer alleging discharged age violation adea sought reinstatement lost wages liquidated damages attorney fees costs respondent demanded jury trial issues fact petitioner moved strike demand district granted motion strike certified issue interlocutory appeal pursuant appeals fourth circuit allowed appeal vacated trial order ruling adea seventh amendment afford respondent right jury trial claim lost wages granted certiorari resolve conflict circuits important issue administration adea affirm adea broadly prohibits arbitrary discrimination workplace based age although adea contains provision expressly granting right jury trial respondent nonetheless contends structure act demonstrates congressional intent grant right alternatively argues seventh amendment requires private action lost wages adea parties must given option case heard jury turn first statutory question since cardinal principle first ascertain whether construction statute fairly possible constitutional question may avoided photographs quoting crowell benson accord pernell southall realty find statutory issue dispositive need address constitutional issue enforcement scheme statute complex product considerable attention legislative debates preceding passage act several alternative proposals considered congress administration submitted bill modeled national labor relations act granted power secretary labor issue orders enforceable courts appeals granted private right action aggrieved individuals sess senator javits introduced alternative proposal make discrimination based age unlawful fair labor standards act flsa et seq normal enforcement provisions flsa et seq ed supp applicable permitting suits either secretary labor injured individual sess third alternative considered adopted statutory pattern title vii civil rights act utilized equal employment opportunity commission ed supp bill ultimately enacted something hybrid reflecting one hand congress desire use existing statutory scheme bureaucracy employers employees familiar hand dissatisfaction elements preexisting schemes pursuant act violations adea generally treated violations flsa amounts owing result violation adea treated unpaid minimum wages unpaid overtime compensation flsa rights created adea enforced accordance powers remedies procedures specified sections flsa following model flsa adea establishes two primary enforcement mechanisms flsa provisions incorporated adea secretary labor may bring suit behalf aggrieved individual injunctive monetary relief ed supp incorporated flsa provisions together adea addition authorize private civil actions legal equitable relief effectuate purposes adea although required flsa prior initiation adea action individual must give notice secretary labor intention sue order secretary attempt eliminate alleged unlawful practice informal methods allowing secretary days conciliate alleged unlawful practice individual may file suit right individual sue terminates however secretary commences action behalf ii looking first procedural provisions statute find significant indication congress intent directive adea enforced accordance powers remedies procedures flsa emphasis added long congress enacted adea well established right jury trial private actions pursuant flsa indeed every consider issue held congress presumed aware administrative judicial interpretation statute adopt interpretation statute without change see albemarle paper moody nlrb gullett gin national lead sands sutherland statutory construction cases cited ed congress adopts new law incorporating sections prior law congress normally presumed knowledge interpretation given incorporated law least insofar affects new statute presumption particularly appropriate since enacting adea congress exhibited detailed knowledge flsa provisions judicial interpretation willingness depart provisions regarded undesirable inappropriate incorporation example construing enforcement sections flsa courts consistently declared injunctive relief available suits private individuals suits secretary powell washington post app roberg henry phipps estate bowe judson burns congress made plain decision follow different course adea expressly permitting equitable relief may appropriate effectuate purposes adea including without limitation judgments compelling employment reinstatement promotion action brought enforce act emphasis added similarly incorporating adea flsa provisions authorizing awards liquidated damages congress altered circumstances awards available adea actions mandating damages awarded violation adea willful finally congress expressly declined incorporate adea criminal penalties established violations flsa selectivity congress exhibited incorporating provisions modifying certain flsa practices strongly suggests changes congress expressly made intended incorporate fully remedies procedures flsa senator javits one floor managers bill indicated describing enforcement section became part act enforcement techniques provided adea directly analogous available fair labor standards act fact adea incorporates reference greatest extent possible provisions flsa cong rec directing actions lost wages adea treated actions unpaid minimum wages overtime compensation flsa congress dictated jury trial right available enforce flsa liability also available private actions adea inference buttressed examination language congress chose describe available remedies adea section empowers grant legal equitable relief authorizes individuals bring actions legal equitable relief emphases added 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 enforc liability amounts deemed unpaid minimum wages unpaid overtime compensation petitioner strives find contrary congressional intent comparing adea title vii civil rights act et seq ed supp petitioner maintains provide jury trials course intimate view whether jury trial available title vii matter either statutory constitutional right see curtis loether supra however examining provisions title vii find petitioner argument analogy title vii unavailing important similarities two statutes sure aims elimination discrimination workplace substantive prohibitions fact prohibitions adea derived haec verba title vii deciding whether statutory right jury trial exists remedial procedural provisions two laws crucial find significant differences looking first statutory language defining relief available note congress specifically provided legal equitable relief adea authorize legal relief many words title vii compare supp similarly adea incorporates flsa provision employers shall liable amounts deemed unpaid minimum wages overtime compensation title vii availability backpay matter equitable discretion see albemarle paper moody finally rather adopting procedures title vii adea actions congress rejected course favor incorporating flsa procedures even adopting title vii substantive prohibitions thus even petitioner correct congress intend jury trials title vii fact sheds light congressional intent adea petitioner reliance title vii therefore misplaced unmindful difficulty discerning congressional intent statute provides express answer however assume face congress extensive knowledge operation flsa illustrated selective incorporation amendment flsa provisions adea congress unaware courts uniformly afforded jury trials flsa believe using word legal congress oblivious meaning significance therefore persuaded congress intended private action adea trial jury available sought one parties judgment appeals accordingly affirmed robert williams frank morris filed brief equal employment advisory council amicus curiae urging reversal jonathan weiss filed brief legal services elderly poor amicus curiae urging affirmance footnotes appeals decide whether respondent entitled jury trial claim liquidated damages according district opinion respondent conceded liquidated damages issue triable jury express view issue right jury trial liquidated damages claim morelock ncr right jury trial cert pending rogers exxon research engineering right jury trial cert denied post hearings subcommittee labor senate committee labor public welfare remarks javits remarks smathers statement national retail merchants hearings general subcommittee labor house committee education labor remarks secretary labor statement legislative representative section set forth provides provisions chapter shall enforced accordance powers remedies procedures provided sections except subsection thereof title subsection section act prohibited section title shall deemed prohibited act section title amounts owing person result violation chapter shall deemed unpaid minimum wages unpaid overtime compensation purposes sections title provided liquidated damages shall payable cases willful violations chapter action brought enforce chapter shall jurisdiction grant legal equitable relief may appropriate effectuate purposes chapter including without limitation judgments compelling employment reinstatement promotion enforcing liability amounts deemed unpaid minimum wages unpaid overtime compensation section instituting action section secretary shall attempt eliminate discriminatory practice practices alleged effect voluntary compliance requirements chapter informal methods conciliation conference persuasion section set forth 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 see wirtz jones lewis times publishing olearchick american steel foundries supp wd see also note right jury trial age discrimination employment fair labor standards acts chi rev note fair labor standards act trial jury colum rev however right jury trial recognized actions brought secretary labor enjoining violations flsa compelling employers pay unlawfully withheld minimum wages overtime compensation pursuant see sullivan wirtz wirtz jones supra terms requires liquidated damages awarded matter right violations flsa however response dissatisfaction judicial interpretation provision congress enacted pay act stat inter alia grants courts authority deny limit liquidated damages employer shows satisfaction act omission giving rise action good faith reasonable grounds believing act omission violation flsa supp although adea expressly incorporates pay act ed supp adea make reference supp section adea establishes criminal penalties interference performance authorized representative secretary engaged performance duties act cf senator javits made specific reference legislative history jury trial said whole test somewhat like test accident case person use reasonable care jury answer yes question individual discriminated solely age alleged discrimination must proved burden proof upon one assert actually case cong rec section specify listed categories relief legal equitable however since clear judgments compelling employment reinstatement promotion equitable see moore federal practice congress must meant phrase legal relief refer judgments enforcing liability amounts deemed unpaid minimum wages unpaid overtime compensation title vii respect race color religion sex national origin adea respect age make unlawful employer fail refuse hire discharge individual otherwise discriminate individual respect compensation terms conditions privileges employment bases compare supp although held discretionary power deny backpay used frustrate central statutory purposes eradicating discrimination throughout economy making persons whole injuries suffered past discrimination albemarle paper moody nonetheless recognized title vii discretion exists indeed extent petitioner correctly interprets congressional intent respect jury trials title vii different remedial procedural provisions adea suggest congress different intent mind drafting later law