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A Chart of remedies available in a dispute between private parties under major federal employment anti-discrimination laws, including Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act of 1990 (ADA), the Age Discrimination in Employment Act of 1967 (ADEA), the Equal Pay Act of 1963 (EPA), the Genetic Information Nondiscrimination Act of 2008 (GINA) and Section 1981 of the Civil Rights Act of 1866 (Section 1981).
Employers face potential liability for discrimination, harassment (www.practicallaw.com/2-508-3174) and retaliation (www.practicallaw.com/6-503-9612) claims throughout every stage of the employment relationship. To help private employers understand their potential exposure relating to these claims, the chart below outlines the types of legal and equitable relief available in a dispute between private parties under the major federal employment anti-discrimination laws. Specific relief available under any particular statute, however, varies according to the particular claims, facts and circumstances of each case. For example:
Back pay:
generally is limited to two years under Title VII of the Civil Rights Act of 1964 (www.practicallaw.com/0-501-7062) (Title VII);
generally is limited to two years under the Equal Pay Act of 1963 (www.practicallaw.com/1-502-4731) (EPA), or three years if the violation is willful;
generally is determined based on the applicable state law limitations period under Section 1981 of the Civil Rights Act of 1866 (www.practicallaw.com/5-503-7944) (Section 1981); and
may be subject to various reductions or limitations.
Compensatory and punitive damages are available only in intentional discrimination cases, and are not available in disparate impact (www.practicallaw.com/1-502-2874) cases. Additionally, punitive damages are only available in cases where the plaintiff proves intentional discrimination with malice or reckless indifference. (42 U.S.C. § 1981a.)
Certain damages are not available in mixed motive cases (for more information, see Practice Note, Discrimination: Overview: Mixed Motive (www.practicallaw.com/3-503-3975)).
For more information, see Practice Notes:
Federal Statute | Types of Legal and Equitable Relief | Attorneys' Fees for the Prevailing Plaintiff | Attorneys' Fees for the Prevailing Defendant |
Title VII, 42 U.S.C. §§ 2000e-2000e-17 |
(42 U.S.C. §§ 1981a and 2000e-5.) | Available in the court's discretion, but ordinarily awarded unless special circumstances exist (42 U.S.C. § 2000e-5(k); Albemarle Paper Co. v. Moody, 422 U.S. 405, 415 (1975)). | Available in the court's discretion, but only granted when the plaintiff's action was frivolous, unreasonable or groundless (42 U.S.C. § 2000e-5(k); Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 (1978)). |
Titles I and V of the Americans with Disabilities Act of 1990 (www.practicallaw.com/7-501-9331) (ADA), 42 U.S.C. §§ 12101−12213 | Relief available under the ADA is largely the same as relief available under Title VII (42 U.S.C. §§ 1981a and 12117(a)). | Available under the standards applicable to Title VII (42 U.S.C. §§ 2000e-5(k) and 12117(a)). | Available under the standards applicable to Title VII (42 U.S.C. §§ 2000e-5(k) and 12117(a)). |
Age Discrimination in Employment Act of 1967 (www.practicallaw.com/2-501-7061) (ADEA), 29 U.S.C. §§ 621−34 |
(29 U.S.C. §§ 216(b) and 626(b).) | Award of reasonable attorneys' fees is mandatory (29 U.S.C. §§ 216(b) and 626(b)). | Not addressed in the ADEA, but some courts have held attorneys' fees are available under common law if the plaintiff litigated in bad faith (see, for example, Gray v. New England Tel. and Tel. Co., 792 F.2d 251, 260 (1986)). |
EPA, 29 U.S.C. § 206(d) |
| Award of reasonable attorneys' fees is mandatory (29 U.S.C. § 216(b)). | Governed by the Fair Labor Standards Act (www.practicallaw.com/5-501-9884), which some courts have held allows attorneys' fees under common law if the plaintiff litigated in bad faith. Because EPA and Title VII claims are frequently brought together, prevailing defendants often seek fees under Title VII. |
Title II of the Genetic Information Nondiscrimination Act of 2008 (www.practicallaw.com/1-501-8645) (GINA), 42 U.S.C. §§ 2000ff-2000ff-11 | Relief available under GINA's anti-discrimination provisions is largely the same as relief available under Title VII (42 U.S.C. § 2000ff-6). | Available under the same standards applicable to Title VII (42 U.S.C. § 2000ff-6). | Available under the same standards applicable to Title VII (42 U.S.C. § 2000ff-6). |
Section 1981, 42 U.S.C. § 1981 | Equitable and legal relief, including compensatory and punitive damages (Johnson v. Ry. Express Agency, Inc., 421 U.S. 454, 460 (1975)). Courts typically award the same types of relief as in Title VII cases, but there is no cap on compensatory or punitive damages under Section 1981. | Available under the same standards applicable to Title VII (42 U.S.C. § 1988; Blum v. Stenson, 465 U.S. 886 (1984)). | Available under the same standards applicable to Title VII (42 U.S.C. § 1988; Blum v. Stenson, 465 U.S. 886 (1984)). |