§1981a Damages in Cases of Intentional Discrimination in Employment

Summary

Lets people who were intentionally treated unfairly at work get money damages in lawsuits brought under parts of the Civil Rights Act or under the Americans with Disabilities Act or related laws, but only when the person cannot recover under 42 U.S.C. 1981. This applies to intentional job discrimination, not to claims that a policy simply has unequal effects. A successful complainant can get money for things like future financial loss and emotional harm and, in some cases, extra (punitive) money to punish the employer, in addition to other court-ordered relief. For disability cases, the same rule applies to violations about reasonable accommodations. No money damages for accommodation issues if the employer shows it tried in good faith, talked with the person, and tried to find an effective accommodation that would not cause undue hardship. Punitive damages are allowed against private employers (not the government) only if the employer acted with malice or reckless indifference to the person’s federal rights. Money for emotional and other non-money losses and any punitive damages together are capped per complainant based on employer size: $50,000 for employers with more than 14 but fewer than 101 employees; $100,000 for more than 100 but fewer than 201; $200,000 for more than 200 but fewer than 501; and $300,000 for more than 500 employees (each measured by having those employee counts in 20 or more calendar weeks in the current or previous year). Compensatory awards do not include backpay or interest on backpay. Either side can ask for a jury, and the jury must not be told about the damage limits. A “complaining party” means the EEOC, the Attorney General, or a private person who can bring the kinds of suits described above. “Discriminatory practice” means the intentional employment discrimination or the disability violations described here.