42 USC 1981a - Damages in cases of intentional discrimination in employment

U.S Code last checked for updates: Nov 22, 2024

§ 1981a.

Damages in cases of intentional discrimination in employment

(a)

Right of recovery

(1)

Civil rights

(2)

Disability

(3)

Reasonable accommodation and good faith effort

(b)

Compensatory and punitive damages

(1)

Determination of punitive damages

(2)

Exclusions from compensatory damages

(3)

Limitations

The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party—

(A)

in the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000;

(B)

in the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000; and

(C)

in the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000; and

(D)

in the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000.

(4)

Construction

(c)

Jury trial

If a complaining party seeks compensatory or punitive damages under this section—

(1)

any party may demand a trial by jury; and

(2)

the court shall not inform the jury of the limitations described in subsection (b)(3).

(d)

Definitions

As used in this section:

(1)

Complaining party

The term “complaining party” means—

(A)

in the case of a person seeking to bring an action under subsection (a)(1), the Equal Employment Opportunity Commission, the Attorney General, or a person who may bring an action or proceeding under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or

(B)

in the case of a person seeking to bring an action under subsection (a)(2), the Equal Employment Opportunity Commission, the Attorney General, a person who may bring an action or proceeding under section 794a(a)(1) of title 29, or a person who may bring an action or proceeding under title I of the Americans with Disabilities Act of 1990 [42 U.S.C. 12111 et seq.].

(2)

Discriminatory practice

(R.S. § 1977A, as added Pub. L. 102–166, title I, § 102, Nov. 21, 1991, 105 Stat. 1072.)

cite as: 42 USC 1981a