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U.S. Code as of:
01/19/04
Section 1981a. Damages in cases of intentional discrimination in employment
(a) Right of recovery
(1) Civil rights
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) of this section, in addition to any relief
authorized by section 706(g) of the Civil Rights Act of 1964,
from the respondent.
(2) Disability
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) of
this section, in addition to any relief authorized by section
706(g) of the Civil Rights Act of 1964, from the respondent.
(3) Reasonable accommodation and good faith effort
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) Compensatory and punitive damages
(1) Determination of punitive damages
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) Exclusions from compensatory damages
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) 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
Nothing in this section shall be construed to limit the scope
of, or the relief available under, section 1981 of this title.
(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) of this section.
(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) of this section, 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) of this section, 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
The term "discriminatory practice" means the discrimination
described in paragraph (1), or the discrimination or the
violation described in paragraph (2), of subsection (a) of this
section.
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