The Civil Rights Act of 1991 was enacted to address several Supreme Court decisions that significantly impacted discrimination law and raised questions about existing legal standards. This Act amended various statutes enforced by the EEOC both substantively and procedurally. One of its notable changes was granting the right to jury trials in Title VII and ADA lawsuits involving intentional discrimination, a provision previously limited to cases under the EPA or the ADEA. The Act also allows for the recovery of compensatory and punitive damages in these lawsuits.
Compensatory damages aim to cover out-of-pocket expenses due to discrimination and compensate for any emotional harm sustained. The objective is to restore the individual to the position (or a similar one) they would have been in if the discrimination had not taken place. The relief awarded depends on the discrimination's type and severity, as well as its effects. Punitive damages may be awarded when an employer's discriminatory conduct is found to be particularly malicious or reckless. These damages serve to deter similar future conduct by the employer and can be granted alongside compensatory damages at the discretion of the court or jury.
The Act introduced statutory caps on damages awarded for future pecuniary losses, pain and suffering, and punitive damages. These caps are based on the size of the employer, with limits set as follows:
- $50,000 for employers with 15 to 100 employees
- $100,000 for employers with 101 to 200 employees
- $200,000 for employers with 201 to 500 employees
- $300,000 for employers with more than 500 employees
Common damages awarded in employment discrimination cases include back pay, front pay, compensation for emotional distress, lost wages, lost income, lost opportunities and benefits, employee reinstatement, injunctions against discriminatory practices, court costs, interest, and attorneys’ fees.
The 1991 Act added a new subsection to Title VII, codifying the disparate impact theory of discrimination. Under this provision, if the plaintiff demonstrates that discrimination was a motivating factor in an employment decision, the employer is liable for injunctive relief, attorney’s fees, and costs, even if the employer can prove that the same decision would have been made absent the discriminatory motive. However, individual monetary or affirmative relief is not awarded in such instances.
In addition, the Act extended employment discrimination protections to employees of Congress and certain high-level political appointees. It also expanded Title VII and ADA coverage to American and American-controlled employers operating abroad.
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If you have any questions regarding employment discrimination in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
