Title: Limits Punitive Damages for Workplace Discrimination Lawsuits
Vote Smart's Synopsis:
Vote to pass a bill that establishes new standards and limits punitive damages for workplace discrimination lawsuits.
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).
NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.