Section 5 Compensatory Damages

• Library: Employment Discrimination 2008

A plaintiff seeking damages for an employer’s violation of Title VII may recover compensatory damages if the discrimination was intentional and the complaining party cannot recover under a 42 U.S.C. § 1981 action. 42 U.S.C. § 1981a(a)(1). Compensatory damages are subject to the caps discussed in the Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1071. Title VII distinguishes between disparate treatment, or intentional discrimination, and disparate impact, or de facto discrimination, and the Civil Rights Act of 1991 only provides recovery of compensatory damages to those who have suffered intentional discrimination. In re Webb, 210 B.R. 266 (Bankr. E.D. Va. 1997), aff’d, 214 B.R. 553 (E.D. Va. 1997). The compensatory damages provision of the...