11.72 Damages: Punitive (42 U.S.C. CIV. 1981) refers to a legal concept in the United States where a person can seek punitive damages in a court of law. These damages are meant to punish the defendant for wrongful or malicious conduct, and are separate from compensatory damages, which are meant to make up for the losses of the plaintiff. Punitive damages are often awarded in cases where the defendant has acted with recklessness, gross negligence, or fraud. 42 U.S.C. CIV. 1981 is the federal law that allows for punitive damages, and it states that all persons within the jurisdiction of the US have the same right to sue as do white citizens. There are various types of punitive damages, depending on the jurisdiction, but they may include exemplary damages, treble damages, or multiple damages.
11.72 DAMAGES: PUNITIVE (42 U.S.C. Civ. 1981)
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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.
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.
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.
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).
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.
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).