
This past week, the Equal Remedies Act of 2024 was introduced by Representatives Suzanne Bonamici (D-OR), Robert “Bobby” Scott (D-VA), and Senator Edward Markey (D-MA). The Act is an effort to end injustice.
In 1991, lawmakers put in place caps on the damages employees can be awarded after being the victims of unlawful discrimination and harassment in the workplace. Lawmakers decided that no matter how blatant the discrimination, how egregious the harassment, how unresponsive the employer might be when complaints are made, an employee’s recovery for compensatory and punitive damages under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act would be severely limited. Today, over 30 years later, those arbitrary caps still apply.
Lawmakers took power away from jurors and decided: if an employer has 100 or fewer employees, a plaintiff’s recovery for compensatory and punitive damages is limited to $50,000; if an employer has between 101 and 200 employees, a plaintiff’s recovery for those damages is limited to $100,000; if the employer has between 201 and 500 employees, the recovery is limited to $200,000; and for all employers with more than 500 employees (no matter how large), the recovery is limited to $300,000. This means that if a jury hears evidence in a case and thinks that the injuries and emotional distress experienced by the employee so severe, and the employer’s disregard for the law so appalling, to warrant a $500,000 or $1,000,000 verdict for compensatory or punitive damages, that award will be cut down. At most the employee could be awarded $300,000 for these damages, but worse yet it could be cut down to $50,000. This is regardless of how the jury viewed and valued the evidence in the case.
Some may argue that the caps prevent excessive financial burden on defendants. They may argue that caps maintain a balance between providing relief for plaintiffs and avoiding bankrupting employers found liable for discrimination. However, the truth is damages caps are aimed at protecting big business at the cost of the employees. They hinder justice and do nothing to deter unlawful discrimination. The law is currently written for the benefit of big business, even when big business fails to care about the employees that make them a success.
Under Title VII, a smart and capable woman could be sexually harassed and humiliated day in and day out, she could make repeated complaints to managers and owners that are completely ignored, and these limits apply. An employee could be mocked for their religion or demoted or terminated because of their sexual orientation, and these limits would apply. A dedicated, 30-year employee could suddenly find they have a disabling condition requiring accommodations, which results in name calling and refusals by upper management to provide wholly reasonable accommodations in order to force this long-term employee out, still these limits would apply. Even if a plaintiff is able to prove their severe emotional distress, an employer’s failure to address complaints, or an employer’s pattern of allowing these types of unlawful harassment and discrimination to persist in the workplace, these limits apply.
Discrimination suits serve as a crucial mechanism for justice. Yet, caps on damages undermine justice for the victims of unlawful discrimination and harassment. Limiting damages arbitrarily trivializes the harm caused by employers that deliberately and maliciously fail to follow the law. Caps on damages allow for a legal system that fails to address systemic issues of unlawful discrimination and perpetuates inequality in the workplace.
The Equal Remedies Act of 2024 is proposed to eliminate these arbitrary damages and amend the Age Discrimination in Employment Act so that the victims of age discrimination have access to the same damages as victims of other forms of discrimination. The Act will give jurors the power to decide the value of the damages sustained by the victims of unlawful discrimination when they hear the evidence in court.
Reach out to your senators and representatives and let them know how important this legislation is to you, the everyday hard working people that might be the victims of discrimination. You could be a woman in a male dominated profession. You could be someone prevented from exercising your religion. You could be an employee told not to bring your same-sex spouse to the company event. You could be an older employee that has dedicated 30 years to a company and now management thinks you’re too old to learn new things.
If you have been the victim of unlawful discrimination or harassment, contact us. We have attorneys available for consultation to hear your story, advise you on the law and your rights, and where the law does provide protection, give you a plan of action.