Workers who win employment discrimination cases cannot receive a jury’s full award for the harm they suffer because of an outdated and unfair provision in a 1991 law that caps such damage awards. Victims continue to suffer while their employer continues business as usual, undeterred.
Even When Workers Win, They Lose.
Under Title VII of the Civil Rights Act of 1991, when a worker wins a federal workplace anti-discrimination lawsuit and a jury awards damages, the court must reduce the jury award to a predetermined limit, regardless of the actual harm the worker has experienced.
- 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.
- For employers with more than 500 employees, the limit is $300,000.
Equal Remedies Act of 2024 (H.R. 8298/S. 4327)
On May 8, 2024, in a significant milestone for workers’ rights, Representatives Suzanne Bonamici (D-OR) and Bobby Scott (D-VA) and Senator Edward Markey (D-MA) introduced the Equal Remedies Act of 2024. The bill calls for the elimination of statutory damage caps for employment discrimination in civil rights cases and would modernize the Age Discrimination in Employment Act (ADEA) to allow those who experience age discrimination to pursue compensatory and punitive damages. The introduction of the Equal Remedies Act of 2024 is the first time in nearly 20 years that damage caps have been emphasized in a significant way. The late Senator Ted Kennedy (D-MA) introduced the Equal Remedies Act of 2007 to eliminate Title VII and ADA damage caps with co-sponsors including Senators Patty Murray, Maria Cantwell, Hillary Clinton, and Barack Obama.
Join Us in This Fight So Workers Can Get the Justice They Deserve.
NELA strongly support the Equal Remedies Act of 2024 and is part of a broad coalition of civil rights organizations determined to expand remedies for tens of millions of workers.
Contact Your Members of Congress
NELA members are on the ground in every state and many of you have built relationships with your members of Congress. We need you to call your members of Congress and urge them to stand with workers and support the Equal Remedies Act of 2024. Call the Capitol Hill Switchboard at (202) 224-3121 or use our Find My Member of Congress tool below.
Talking Points
- Caps on damages in employment discrimination cases are unfair to workers, fail to deter illegal discrimination, and do not reflect modern workplace realities.
- Damage caps actively harm workers in the pursuit of justice. It’s become all too common that workers who suffer discrimination and retaliation in the workplace and seek justice are awarded millions of dollars as compensation only to have a judge remit those awards to an arbitrary cap, sometimes reducing the awards by more than 90%. The pain these workers suffer is lifelong.
- Discrimination should not be just a “cost of doing business.” Often, juries will award plaintiffs damages well above the statutory caps for victims of discrimination. However, a judge then must reduce that award — in many cases by more than 90%! As a result of these unconscionably small penalties, companies regard discrimination as a cost of business and are willing to take the risk of litigation.
- Eliminating caps on damages will promote equality in the workplace by providing victims of discrimination with the full compensation they deserve, and employers with the incentive they need to comply with the law.
- Worker justice is a bipartisan issue. Both Republicans and Democrats acknowledge that workers who seek justice in the courts should be fairly compensated for the harm they have suffered.
Share this website with your legislators for more information on damage caps: www.enddamagecapsforworkers.com
Use our Equal Remedies Act Digital Toolkit to call attention to this workers’ rights issue.
Worker Stories Show the Real Impact
NELA members are on the front lines of advancing workers’ rights, listening to client stories about wage theft, discrimination, harassment, and other workplace injustices. These stories are a powerful tool in bringing the impact of unjust workplace policies and employer conduct alive for policymakers and the media. Your client’s stories are a critical part of NELA’s advocacy efforts to end damage caps.
For more information on ending damage caps and the Equal Remedies Act of 2024, visit www.enddamagecapsforworkers.com
