# § 1981a. Damages in cases of intentional discrimination in employment
**(a)** **Right of recovery**
**(1)** **Civil rights** 42 U.S.C. 2000e–542 U.S.C. 2000e–2section 1981 of this title
In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 [, 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 [, 2000e–3, 2000e–16], and provided that the complaining party cannot recover under , the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.
**(2)** **Disability** 42 U.S.C. 2000e–542 U.S.C. 12117(a)section 794a(a)(1) of title 29section 791 of title 29section 791 of title 29section 791 of title 29section 791 of title 2942 U.S.C. 12112
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 [, 2000e–16] (as provided in section 107(a) of the Americans with Disabilities Act of 1990 (), and , respectively) against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) under and the regulations implementing , or who violated the requirements of or the regulations implementing concerning the provision of a reasonable accommodation, or section 102 of the Americans with Disabilities Act of 1990 (), 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), 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** 42 U.S.C. 12112(b)(5)section 791 of title 29
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 [] or regulations implementing , 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** 42 U.S.C. 2000e–5(g)
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 [].
**(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** section 1981 of this title
Nothing in this section shall be construed to limit the scope of, or the relief available under, .
**(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).
**(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), 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), 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).
---
**Source Credit**: (R.S. § 1977A, as added Pub. L. 102–166, title I, § 102, Nov. 21, 1991, 105 Stat. 1072.)
## Editorial Notes
### References in Text
The Civil Rights Act of 1964, referred to in subsec. (d)(1)(A), is , , . Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (d)(1)(B), is , , . Title I of the Act is classified generally to subchapter I (§ 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 and Tables.
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective , except as otherwise provided, see , set out as an Effective Date of 1991 Amendment note under .