
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1981a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 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.

(R.S. Sec. 1977A, as added Pub. L. 102-166, title I, Sec. 102, Nov. 21, 
1991, 105 Stat. 1072.)

                       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, as amended. Title VII of the 
Act is classified generally to subchapter VI (Sec. 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, as amended. 
Title I of the Act is classified generally to subchapter I (Sec. 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.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 1988 of this title; title 2 
sections 1202, 1311; title 3 section 411.
