§1981a Damages in Cases of Intentional Discrimination in Employment

Summary

Allows people who sue under certain federal job-discrimination rules to get money for harms and to punish employers who intentionally discriminated. A person who brings a claim under Title VII or certain ADA or Rehabilitation Act rules may get compensatory and punitive damages if the employer intentionally discriminated and the person cannot recover under section 1981. These damages come on top of other court-ordered relief. Punitive damages are only allowed against private employers (not the government) if the employer acted with malice or reckless indifference to someone’s federal rights. Compensatory damages do not include backpay or interest. If the claim is about a needed workplace accommodation, no damages can be ordered if the employer shows it worked in good faith with the person to try to find a reasonable accommodation that would work and not cause undue hardship. Either side can request a jury trial, and the judge must not tell the jury about the damage limits. Definitions (one line each): Complaining party — who can bring the case (EEOC, the Attorney General, or the individual claimant, depending on the claim). Discriminatory practice — the intentional employment discrimination described above. Damage limits by employer size (based on having at least 20 weeks of employees in the current or prior year): more than 14 and fewer than 101 employees — $50,000; more than 100 and fewer than 201 — $100,000; more than 200 and fewer than 501 — $200,000; more than 500 — $300,000.