Title VII of The 1964 Civil Rights Act
Question: What it Does Title VII Do?
Answer: Prohibits employment discrimination based on race, color, religion, sex and national origin.
An Employer under Title VII is:
- a person engaged in an industry affecting commerce
- employs fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person
Question: What damages are available under Title VII?
|Answer:||Back Pay – Lost wages|
|Front Pay – Future wage losses|
Compensatory Damages – Pay the victimized employee’s for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).
Punitive damages – May be awarded to punish an employer who has committed an especially malicious or reckless act of discrimination.
Limits – Under Title VII limits compensatory and punitive damage awards based on the number of employees the employer had during the “current or preceding calendar year.” The maximum total amount of compensatory and punitive damages that may be awarded to the plaintiff are dependent upon the number of employees as shown below.
|Number of Employees||Damage Cap|
|500 plus employees||$300,000|
Federal cases have interpreted “current or preceding calendar year” as meaning the year in which the discriminatory acts took place.