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Courts Clarify Damages Caps Under Federal Employment Discrimination Statutes
Recent decisions by federal Courts of Appeals in the First and Fifth Circuits shed light on two issues critical to the question every employer asks after being served with an employment discrimination lawsuit: “What's the worst that can happen?”
As originally enacted, Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on gender, religion, national origin, race, and color, allowed plaintiffs to recover only for lost wages (i.e., back pay and front pay) starting two years before the date the plaintiff filed a charge with the EEOC. However, plaintiffs have been able to recover much more since 1991. Specifically, a 1991 amendment to the Civil Rights Act expanded the scope of damages recoverable under Title VII and other employment discrimination statutes (such as the Americans with Disabilities Act (“ADA”) and, now, the Genetic Information Nondiscrimination Act of 2008 (“GINA”)) if a plaintiff proves intentional discrimination. A successful plaintiff may now recover compensatory damages, such as emotional distress, and punitive damages. Although a plaintiff may now recover more than just lost wages, the good news is that the total amount of compensatory and punitive damages awardable is limited by statutory limits or “caps,” which depend on the number of individuals employed by the company that was found liable for unlawful discrimination.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.