11.70 DAMAGES: ACTUAL (42 U.S.C. CIV. 1981) is a type of compensatory damages awarded in a civil lawsuit. It is a form of legal remedy for a wrong suffered by an individual. This type of damages are awarded to compensate an individual for the actual losses they have suffered as a result of a violation of their civil rights. This includes physical and emotional harm, financial losses, and other damages. There are two distinct types of damages that may be awarded under this law: compensatory and punitive damages. Compensatory damages seek to make the plaintiff “whole” again by compensating for their actual losses, while punitive damages are designed to punish the wrongdoer and deter further misconduct. Both types of damages can be awarded in civil rights cases.
11.70 DAMAGES: ACTUAL (42 U.S.C. Civ. 1981)
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Compensatory and Punitive Damages Compensatory damages may include future pecuniary and non-pecuniary losses, including suffering, mental anguish, inconvenience, and loss of enjoyment of life. Pursuant to 42 U.S. Code § 1981a, compensatory damages do not include back pay or interest on back pay.
Title VII is subject to caps limiting the amount of compensatory and punitive damages an employer may be required to pay for violating the law. The applicable caps range from $50,000 to $300,000, depending on how many employees the employer has. 42 U.S.C. § 1981a(b)(3).
Limits On Compensatory & Punitive Damages There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000.
If the court finds your civil rights have been violated, you may be entitled to recover lost wages, medical expenses, confinement compensation, out-of-pocket expenses, pain and suffering, humiliation, harm to your reputation, punitive damages, and attorney fees and costs.
While both statutes prohibit discrimination on the basis of race, Section 1981 contains no damages cap. The most a plaintiff can recover in ?non-economic? compensatory and punitive damages in a Title VII is $300,000.00. 42 U.S.C. § 1981a(b).
42 U.S. Code § 1981a - Damages in cases of intentional discrimination in employment. In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 42 U.S.C.
Limits On Compensatory & Punitive Damages These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000. For employers with 201-500 employees, the limit is $200,000.