Yesterday, the U.S. Supreme Court ruled that the cap on compensatory damages for Title VII plaintiffs does not apply to awards of front pay. Title VII prohibits retaliation against employees who complain of discrimination, including sexual harassment. The 1991 amendments to the Civil Rights Act of 1964 made compensatory damages available to employment discrimination plaintiffs for the first time but capped the availability of such damages depending on the size of the employer. The Sixth Circuit Court of Appeals had determined that front pay, which compensates a plaintiff for lost wages from the time of the judgment to reinstatement, was subject to the statutory cap; the Supreme Court overruled this determination. This decision will allow successful employment discrimination plaintiffs to be more fully compensated for the damages due to discrimination.
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