Examples

In order to recover punitive damages, certain factors will need to apply. Under Title VII, the ADA and Sections 1981 and 1983, employers who have engaged in disparate treatment of a member of a protected class may be assessed punitive damages if the court finds that the employers acted with reckless indifference or malice. Employers may also be assessed punitive damages when their violations were clearly based on unlawful factors, and they failed to remedy them. For example, in one case in the Fourth Circuit, EEOC v. Fed. Express Corp, the court affirmed an award of $8,000 in compensatory damages and $100,000 in punitive damages. The case involved a package handler who had a hearing impairment who was not provided with reasonable accommodations to participate in meetings or training by his employer.

When punitive damages might be awarded

Punitive damages will not be available in every discrimination case. Instead, they are normally awarded in cases in which an employer’s actions or omissions were intentional or in obvious violation of the law. There may also be caps on the amount of punitive damages that you might receive if they are ordered.

Courts will conduct an analysis to determine whether a punitive damages award is justified. In Kolstad v. Am. Dental Association, the U.S. Supreme Court held that plaintiffs must be able to impute liability to their employers for the unlawful discrimination that they experienced. They will also need to show that the employers engaged in the discriminatory actions with the knowledge that their actions might be in violation of anti-discrimination laws.

Limits on punitive damages

Some anti-discrimination laws have limits on the total amount of damages that people might receive, including punitive damage awards. The Supreme Court established some factors that courts should consider when assessing the reasonableness of an award of punitive damages in State Farm Mut. Automobile Ins. Co. v. Campbell. Courts will look at the degree of reprehensibility of the employers’ actions, the difference between the actual harm that was suffered and the award and the differences between the award in the instant cases and similar cases.

If you have suffered discrimination at work based on a protected characteristic, you have legal rights. The attorneys at Swartz Swidler may be able to help you to recover damages to compensate you for your losses. You might also be able to recover punitive damages, depending on what happened. Contact our office today to schedule a consultation.