Page:United States Statutes at Large Volume 105 Part 2.djvu/121

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PUBLIC LAW 102-166—NOV. 21, 1991 105 STAT. 1073 with an equally effective opportunity and would not cause an undue hardship on the operation of the business. "(b) COMPENSATORY AND PUNITIVE DAMAGES. — "(1) DETERMINATION OF PUNITIVE DAMAGES. —A complaining party may recover punitive damages under this section against a respondent (other than a government, government agency or political subdivision) if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual. "(2) EXCLUSIONS FROM COMPENSATORY DAMAGES. — Compensatory damages awarded under this section shall not include backpay, interest on backpay, or any other type of relief authorized under section 706(g) of the Civil Rights Act of 1964. "(3) LIMITATIONS.—The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party— "(A) in the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000; "(B) in the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000; and "(C) in the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000; and "(D) in the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000. "(4) CONSTRUCTION.— Nothing in this section shall be construed to limit the scope of, or the relief available under, section 1977 of the Revised Statutes (42 U.S.C. 1981). "(c) JURY TRIAL.— If a complaining party seeks compensatory or unitive damages under this section— "(1) any party may demand a trial by jury; and "(2) the court shall not inform the jury of the limitations described in subsection 03)(3). "(d) DEFINITIONS.—As used in this section: "(1) COMPLAINING PARTY. — The term 'complaining party' means— "(A) in the case of a person seeking to bring an action under subsection (a)(1), the Equal Employment Opportunity • Commission, the Attorney General, or a person who may bring an action or proceeding under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or "(B) in the case of a person seeking to bring an action under subsection (a)(2), the Equal Employment Opportunity Commission, the Attorney General, a person who may bring an action or proceeding under section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(l)), or a person who may bring an action or proceeding under title I of the