Companies may have to accommodate pregnant employees with light duty

Title VII – the main Discrimination Statute in the United States has damage caps based on the number of employee:

  • For employers with 15-100 employees, the limit is $50,000.
  • For employers with 101-200 employees, the limit is $100,000.
  • For employers with 201-500 employees, the limit is $200,000.
  • For employers with more than 500 employees, the limit is $300,000.

This is the number when the discrimination took place not at the time of trial (Vance V. Union Planters Corp 5th Cir). Simply count the number of employees that were employed during the current or preceding calendar year when the alleged discrimination took place.

Title VII allows plaintiffs in cases involving intentional discrimination to recover compensation and punitive damages. There are caps on the amount of punitive and compensatory damages that may be awarded to the plaintiff for “future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses.” 42 U.S.C. § 1981a(b)(3).   The cap on damages recoverable under Title VII does not limit front pay, which is not compensatory damages, or recovery under state antidiscrimination statutes. See Pollard v. E.I. du Pont de Nemours & Co., 532 U.S. 843, 852 (2001);

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