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To achieve our goal of keeping you informed, this blog is Part A of Part XXIII and an update of our series on federal laws that apply to workplace harassment, discrimination, & retaliation in New York. In Part B of Part XXII, we provided you with an overview of the “Statute of Limitations” under several applicable federal laws. Having exhausted the discussion regarding the statute of limitations, we now switch gears to hammer on “Recovery of Damages and Penalties” under several federal laws that apply to workplace harassment, discrimination, & retaliation in New York.

Recovery of Damages and Penalties under Federal Laws Applicable to Workplace Harassment, Discrimination, & Retaliation in New York

During litigations, prevailing parties may claim and/or recover damages and/or penalties. In this blog and Part A of Part XXIII of this series, we shall discuss more about these damages and penalties and how the prevailing parties can claim or recover them under the applicable federal laws discussed since Part I of the long series.

Title VII of the Civil Rights Act of 1964 (Title VII)

Pursuant to 42 U.S.C. § 1981a(a)(1), (b), prevailing parties may recover (1) punitive damages, (2) certain legal costs, (3) compensatory damages (for emotional distress and suffering and pain), (4) attorney’s fees, and (5) economic damages (including both front and back pay in lieu of reinstatement). However, depending on the employer’s size, the amount of punitive and compensatory damages (combined) has been capped by Title VII. The levels provided include (1) $50,000 for employers with 15–100 employees, (2) $100,000 for employers with 101–200 employees, (3) $200,000 for employers with 201–500 employees, and (4) $300,000 for employers with 501 or more employees, pursuant to 42 U.S.C. § 1981a(b)(3). Moreover, pursuant to 42 U.S.C. § 1981a(a)(1), courts can issue injunctive relief such as promotion, hiring, reinstatement, or other affirmative actions with the permission of Title VII. Finally, in lieu of reinstatement, front pay may also be awarded by a court.

Pregnancy Discrimination Act (PDA)

The exact amount and types of damages recovered under Title VII are also recoverable under the PDA. Pursuant to 42 U.S.C. § 1981a(a)(1), (b), such damages and penalties include (1) punitive damages, (2) certain legal costs, (3) compensatory damages (for emotional distress and suffering and pain), (4) attorney’s fees, and (5) economic damages (including both front and back pay in lieu of reinstatement). However, depending on the employer’s size, the amount of punitive and compensatory damages (combined) has been capped by Title VII. The levels provided include (1) $50,000 for employers with 15–100 employees, (2) $100,000 for employers with 101–200 employees, (3) $200,000 for employers with 201–500 employees, and (4) $300,000 for employers with 501 or more employees, pursuant to 42 U.S.C. § 1981a(b)(3). Moreover, pursuant to 42 U.S.C. § 1981a(a)(1), courts can issue injunctive relief such as promotion, hiring, reinstatement, or other affirmative actions as in Title VII. Finally, in lieu of reinstatement, front pay may also be awarded by a court.

Americans with Disabilities Act (ADA)

The same remedies, such as those availed by Title VII, are adopted by the ADA. Thus, prevailing parties may recover (1) punitive damages, (2) certain legal costs, (3) compensatory damages (for emotional distress and suffering and pain), (4) attorney’s fees, and (5) economic damages (including both front and back pay in lieu of reinstatement). Similarly, the amount of punitive and compensatory damages is capped at (1) $50,000 for employers with 15–100 employees, (2) $100,000 for employers with 101–200 employees, (3) $200,000 for employers with 201–500 employees, and (4) $300,000 for employers with 501 or more employees. However, it is crucial to note that courts are divided as it concerns the availability of punitive and compensatory damages when it comes to ADA retaliation claims. Nonetheless, pursuant to 42 U.S.C. § 2000e-5(g), courts have been empowered by the ADA to issue injunctive relief such as promotion, hiring, reinstatement, or other affirmative actions.

Fair Labor Standards Act (FLSA)

A party that prevails in an FLSA retaliation claim is entitled to recover several types of damages, including (1) attorney’s fees, (2) liquidated damages up to double the back pay (if the employer cannot show that it acted in good faith), (3) back pay (such as employment benefits, salary, wages or other lost benefits), (4) interest on back pay, and (5) certain costs. It has been held in some courts that because of the emotional distress caused by the employer’s retaliation, a prevailing employee can recover compensatory damages. Nonetheless, courts have not agreed on the issue of whether an employee, who prevails in a successful FLSA retaliation claim, can recover punitive damages. The FLSA provides that an employer, or an individual acting on behalf of the employer, who is found guilty of retaliating against an employee will be subject to imprisonment for at least six months or a fine of not more than $10,000, or both.

Equal Pay Act (EPA)

Similar to those provided under the FLSA, the EPA allows the recovery of a number of remedies, including (1) attorney’s fees, (2) liquidated damages up to double the back pay (if the employer cannot show that it acted in good faith), (3) back pay (such as employment benefits, salary, wages or other lost benefits during the remaining statute of limitations period), (4) interest on back pay, and (5) certain costs.

However, it is unclear whether a prevailing defendant may also obtain its attorney’s fees, although the court may grant reasonable attorney’s fees to a prevailing plaintiff in an EPA action. While damages for emotional distress, pain, and/or suffering have been awarded for successful EPA retaliation claims, the EPA does not generally permit the recovery of compensatory damages. Furthermore, while courts are still divided on the issue of whether an employee can recover punitive damages on an EPA or FLSA retaliation claim, the EPA does not allow the recovery of punitive damages. Pursuant to 29 U.S.C. § 206(d)(3), injunctive relief cannot be obtained by private parties in EPA actions. Injunctive relief is only recoverable in suits brought by the Equal Employment Opportunity Commission (EEOC).

Age Discrimination in Employment Act (ADEA)

Pursuant to 29 U.S.C. §§ 626(b), 216(b), for ADEA’s purposes to be effectuated, legal relief, including (1) enforcing the liability for amounts deemed to be costs, reasonable attorney’s fees, injunctive relief, or unpaid overtime compensation or unpaid minimum wages, (2) promotion or reinstatement, or (3) judgments compelling employment without limitation may be granted by courts. However, in lieu of reinstatement, front pay may also be awarded by a court.

Be on the look for Part XXIV, in which we will finally conclude the long series with Part B of the “Recovery of Damages and Penalties” under additional federal laws that apply to workplace harassment, discrimination, & retaliation in New York.

Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.