Bonamici, Scott, Markey Introduce Legislation to Fully Compensate Workers for Discrimination, Hold Employers Accountable
WASHINGTON – Today Representative Suzanne Bonamici (D-OR), House Education and Workforce Committee Ranking Member Robert C. “Bobby” Scott (D-VA), and Senator Edward J. Markey (D-Mass.) introduced legislation to allow workers to receive full compensation when their employers are found liable for employment discrimination.
The Equal Act corrects an outdated 1991 law that caps awards in cases of employment discrimination, which prevents workers from receiving the full amount awarded by a jury. The maximum award for these cases has not increased with inflation, and is determined by the number of employees at the place of work without considering the severity of harm caused by the discriminatory behavior. The new Equal Act eliminates unfair damage caps and amends the Age Discrimination in Employment Act so employees who experience age discrimination can access the same remedies available to those who experience other forms of discrimination.
“For too long, employers responsible for discrimination have been able to avoid fully compensating workers they harmed,” said Congresswoman Suzanne Bonamici. “It is unacceptable that arbitrary caps on awards for discrimination set three decades ago are preventing workers from receiving the full compensation they deserve. Discrimination can inflict long-lasting damage on workers, and it must not be tolerated. I’m grateful to introduce the Equal Remedies Act with Education Committee Ranking Member Bobby Scott to finally hold employers accountable and provide workers who have experienced discrimination with the compensation they deserve.”
“Too often, when employers are found liable for discriminating against an employee based on age, for example, the employee is not awarded the full amount that the jury determines they should receive. This is because of a decades-old law that arbitrarily caps damages for employment discrimination. Moreover, the caps have not been adjusted over time to keep pace with inflation. Weak and ineffective penalties do not deter unscrupulous employers from violating workers’ rights and protections,” said Ranking Member Robert C. Bobby Scott, House Committee Education and the Workforce. “The Equal Remedies Act eliminates unfair damage caps and amends the Age Discrimination in Employment Act so employees who experience age discrimination can access the same remedies available to those who experience other forms of discrimination. I am grateful for Rep. Bonamici and Sen. Markey’s leadership on this important issue and look forward to fighting alongside them to ensure workers receive the full amount of damages they are awarded by a jury of their peers.”
“Workers who face discrimination deserve justice,” said Senator Edward Markey. “This bill puts an end to the arbitrary caps that let harassers walk away with a slap on the wrist and leave workers in economic turmoil.”
To read the full text of the Equal Remedies Act, click here.
To read the section-by-section for the Equal Remedies Act, click here.
To read the summary for the Equal Remedies Act, click here.
The Equal Act is endorsed by many of the nation's leading civil rights advocates, including Lift Our Voices, the National Employment Law Project, the National Employment Lawyers Association, and the National Women's Law Center, and People's Parity Project.
“Lift our Voices supports the Equal Remedies Act of 2024, which empowers victims of age discrimination with the same legal and equitable remedies available under Title VII of the Civil Rights Act of 1964. The bill aligns with LOV's mission to help ensure that no one is left behind in the pursuit of justice,” said Gretchen Carlson and Julie Roginsky, Lift Our Voices Co-Founders.
"The arbitrary jury award limits imposed in 1991 made discrimination too cheap for employers, and many see these damage caps as a cost of doing business," said Carla Brown, President of the National Employment Lawyers Association. "Because of inflation, since these limits were first enacted workplace discrimination has only gotten cheaper for employers, and encourages them to overlook discrimination to preserve their bottom line. It should be up to jurors to decide how a victim of discrimination should be compensated, not Congress. No where else in federal law are juries limited in how they issue verdicts. It is well past time these employers are held accountable for their actions and this legislation is the best way to help workers achieve justice. Repealing these caps is the best way to promote and defend civil rights throughout the country, and is the only way to actually deter discrimination in the workplace. We applaud Senator Markey and Representative Bonamici for introducing the Equal Remedies Act of 2024 and we look forward to working with them to pass this important legislation"
Sixty years after enacting Title VII, workers still experience discrimination. Limiting a jury's ability to assess harm allows discriminatory practices to continue without adequate consequence or remedy, particularly in states like Georgia that have no state laws to protect employees," said Amanda Farahany, Managing Partner at Barrett & Farahany.
“Discrimination persists in the workplace for a lot of reasons, but these arbitrary caps that take away the jury’s role in deciding how employers who violate the law are held accountable are a significant factor. I have represented many workers who have been harmed by these caps and am grateful for Senator Markey’s leadership on this bill to correct this injustice,” said Linda Correia, Founding Partner of Correia & Puth.
“Building a good jobs economy means that every worker deserves fair treatment. Our civil rights laws exist to protect our rights on the job – but those laws are only as strong as our ability to enforce them. The Equal Remedies Act would eliminate outdated and arbitrary limits that prevent juries from making those who violate the law pay their fair share. We all benefit when workers who experience discrimination can get their day in court to find justice and accountability,” said Rebecca Dixon, President and Chief Executive Officer, National Employment Law Project.
“Businesses shouldn’t be able to discriminate with the confidence that even if they get caught, they can afford it as a reasonable cost of doing business—but current federal law allows them to do just that,” said Gaylynn Burroughs, Director of Workplace Equality at the National Women’s Law Center. “By eliminating arbitrary and outdated caps on jury awards, the Equal Remedies Act would create genuine accountability for employers who discriminate and help ensure that workers who experience discrimination can be fully compensated. The Equal Remedies Act would ensure that damages are based on the severity of the harm the employee has experienced—not on a predetermined limit on money damages that bears no relationship to what happened to them or to a jury’s findings. Simply put, the law shouldn’t let employers discriminate at a discount and force victims of discrimination to bear the cost of their employers’ unlawful behavior. It’s time for these caps to go.”
"Damage caps strip juries of their authority to hand down punitive judgments on employers actively discriminating against workers and dramatically narrows the vision of justice for workers who are being wrongfully treated in the workplace. We are proud to support the Equal Remedies Act so workers everywhere are not only entitled to their day in court, but also to fair compensation that will restore them to whole as much as possible," said Tristin Brown, Policy & Program Director, People's Parity Project.
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