Ronald N. and Karen M. Gross - Page 17




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          Commissioner v. Schleier, supra at 336.  Thus, a recovery under                
          the ADEA is not one “based upon tort or tort type rights.”  Id.                
          In Schleier, the Court emphasized that “one of the hallmarks of                
          traditional tort liability is the availability of a broad range                
          of damages to compensate the plaintiff ‘fairly for injuries                    
          caused by the violation of his legal rights.’”  Id. at 335; see                
          also Mayberry v. United States, 151 F.3d at 859 (“the proper                   
          focus is the remedial scheme in the statute providing the cause                
          of action and the nature of the relief available under the                     
          scheme”).                                                                      
               In contrast, an age discrimination claim pursued under the                
          Minnesota Human Rights Act appears to be “based upon tort or tort              
          type rights.”  Commissioner v. Schleier, supra at 336.8  The                   
          Minnesota Human Rights Act specifically provides for damages                   
          other than those of a purely economic nature.  For example, in                 
          all cases where there is a finding of unfair discrimination, as                
          defined in Minn. Stat. Ann. sec. 363.03, subd. 1, the person                   
          against whom the complaint has been filed or issued shall pay a                
          civil penalty to the State and compensatory damages to the                     
          aggrieved party in an amount up to three times the actual damages              
          sustained.  See Minn. Stat. Ann. sec. 363.071, subd. 2 (West 1991              



               8“The provisions of the Minnesota Human Rights Act are                    
          liberally construed to accomplish its purposes.”  Continental Can              
          Co. v. State, 297 N.W.2d 241, 248 (Minn. 1980) (citing City of                 
          Minneapolis v. Richardson, 239 N.W.2d 197, 203 (Minn. 1976)).                  





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