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High Court to review cap on damages

by on
in Discrimination and Harassment,Human Resources

The U.S. Supreme Court has agreed to hear a case that could hold down awards in workplace discrimination cases.

At issue is whether a $300,000 cap on compensatory damages that Congress added to the Civil Rights Act in 1991 includes "front pay," or wages and benefits the victim would have received had it not been for illegal discrimination.

In the case the court accepted (Pollard v. DuPont, 00-763), the U.S. 6th Circuit Court of Appeals said an $800,000 front-pay award had to be capped, but other circuits have not applied the cap to front pay.

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