Vote Smart's Synopsis:

Vote to pass a bill that establishes new standards and limits punitive damages for workplace discrimination lawsuits.

Highlights:

• Requires plaintiffs in workplace discrimination lawsuits against an employer to prove that the employer's decision or actions were motivated by discrimination (Sec. A).

• Excludes tax-exempt “private membership clubs” from the definition of an “employer,” whereas existing law included such clubs  (Sec. A).

• Amends the definition of an “employer” to include a person in an industry “affecting commerce” who had at least 6 employees for each working day for at least 20 calendar weeks of the year, whereas existing law only required the employer to employ a total of 6 employees within the state (Sec. A).

• Limits the award of punitive damages in workplace discrimination lawsuits to the following amounts, not including back pay and legal fees (Sec. A):
• $50,000 if the employer has more than 5 and fewer than 100 employees;
• $100,000 if the employer has more than 100 and fewer than 200 employees;
• $200,000 if the employer has more than 200 and fewer than 500 employees; and
• $300,000 if the employer has more than 500 employees.

• Prohibits punitive damages from being awarded if the defendant is the state or a local government (Sec. A).

Full Bill Text