§1981a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Allows people who prove an employer intentionally discriminated against them at work to get money for harm and, in some cases, extra punitive money. This applies when the person cannot get relief under section 1981 and the discrimination was intentional (not a rule that only has a bad effect). The person can get compensatory and punitive damages on top of other relief available under Title VII, but compensatory damages do not include backpay, interest on backpay, or other relief that Title VII already provides. Punitive damages are only allowed against private (non‑government) employers and only if the employer acted with malice or with reckless indifference to the person’s federal rights. If the case involves a request for a disability accommodation, no damages are allowed if the employer shows it made good‑faith efforts, while talking with the disabled person, to find a reasonable accommodation that would work and not cause undue hardship. Damages have caps based on employer size: $50,000 for employers with 15–100 employees, $100,000 for 101–200, $200,000 for 201–500, and $300,000 for more than 500 employees (measured by having that many employees in each of 20 or more weeks in the current or prior year). Any party may ask for a jury trial, and the judge cannot tell the jury about these caps. "Complaining party" means the EEOC, the Attorney General, or an eligible person bringing a Title VII, ADA, or related claim. "Discriminatory practice" means the kinds of intentional discrimination described above.

Title 42, §1981a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 [42 U.S.C. 2000e–5, 2000e–16] against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) prohibited under section 703, 704, or 717 of the Act [42 U.S.C. 2000e–2, 2000e–3, 2000e–16], and provided that the complaining party cannot recover under section 1981 of this title, the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.

(2)In an action brought by a complaining party under the powers, remedies, and procedures set forth in section 706 or 717 of the Civil Rights Act of 1964 [42 U.S.C. 2000e–5, 2000e–16] (as provided in section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)), and section 794a(a)(1) of title 29, respectively) against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) under section 791 of title 29 and the regulations implementing section 791 of title 29, or who violated the requirements of section 791 of title 29 or the regulations implementing section 791 of title 29 concerning the provision of a reasonable accommodation, or section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112), or committed a violation of section 102(b)(5) of the Act, against an individual, the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.

(3)In cases where a discriminatory practice involves the provision of a reasonable accommodation pursuant to section 102(b)(5) of the Americans with Disabilities Act of 1990 [42 U.S.C. 12112(b)(5)] or regulations implementing section 791 of title 29, damages may not be awarded under this section where the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business.

(b)(1)A complaining party may recover punitive damages under this section against a respondent (other than a government, government agency or political subdivision) if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual.

(2)Compensatory damages awarded under this section shall not include backpay, interest on backpay, or any other type of relief authorized under section 706(g) of the Civil Rights Act of 1964 [42 U.S.C. 2000e–5(g)].

(3)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)Nothing in this section shall be construed to limit the scope of, or the relief available under, section 1981 of this title.

(c)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)As used in this section:

(1)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)The term “discriminatory practice” means the discrimination described in paragraph (1), or the discrimination or the violation described in paragraph (2), of subsection (a).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsec. (d)(1)(A), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of this title and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (d)(1)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 12101 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as an

Effective Date

of 1991 Amendment note under section 1981 of this title.

§1981a Damages in cases of intentional discrimination in employment

Summary

Title 42, §1981a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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