Bonamici, Scott, Markey Introduce the Equal Remedies Act to Fully Compensate Workers for Discrimination, Hold Employers Accountable

WASHINGTON - Today House Subcommittee on Early Childhood, Elementary, and Secondary Ranking Member Suzanne Bonamici (D-OR-01), House Education and Workforce Committee Ranking Member Robert C. "Bobby" Scott (D-VA-03), and Senator Edward J. Markey (D-MA) introduced legislation to guarantee workers receive the full award they deserve when their employers are found liable for employment discrimination.

"It's unacceptable that many workers are not receiving full compensation after experiencing discrimination," said Congresswoman Suzanne Bonamici. "Arbitrary caps on awards for discrimination allow irresponsible employers to avoid being held accountable for their wrongdoing and add to the harm experienced by workers in discrimination cases. I'm grateful to partner with Ranking Member Scott and Senator Markey to finally end this outdated and harmful practice."

"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 Scott. "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."

"It's outrageous that many workers are still denied financial justice when they experience discrimination on the job while corporations reap record-high profits," said Senator Markey. "Arbitrary and outdated caps routinely force judges to slash jury awards, leaving victims with only a fraction of the payment they deserve despite suffering significant economic and emotional harm. TheEqual Remedies Act eliminates these unfair limits, holds abusive employers accountable, and gives seniors and other workers a shot at full compensation and real justice."

The Equal Remedies Act corrects an outdated 1991 law that caps awards in employment discrimination cases and prevents workers from receiving the full amount awarded by a jury. The maximum award for these cases has not kept pace 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 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.

The Equal Remedies Act is endorsed by the American Association for Justice (AAJ), Barrett & Farahany, Equal Rights Advocates, Lift Our Voices, National Employment Law Project (NELP), National Women's Law Center (NWLC) Action Fund, People's Parity Project, WorkLife Law, National Institute for Workers' Rights, National Employment Lawyers Association.

"For far too long, arbitrary, one-size-fits-all limits on damages in workplace discrimination cases have allowed employers to discriminate at a discount," said Gaylynn Burroughs, vice president for education and workplace justice at the National Women's Law Center. "These caps on jury awards are outdated and unpopular, and it's time to eliminate them once and for all. The Equal Remedies Act would do just that, ensuring that employers who discriminate are held fully accountable and that workers who experience discrimination can be fully compensated for the harm they have suffered."

"When Congress capped damages in 1991, it told juries their verdicts didn't count. The Equal Remedies Act finally fixes that," said Amanda Farahany, Founding Partner of Barrett & Farahany. "Workers who prove discrimination deserve the full measure of justice a jury says they're owed - not a number picked by politicians three decades ago."

The legislation is cosponsored by Representatives Eleanor Holmes Norton (D-DC) and Pamila Jayapal (D-WA).

To read the full bill text of the Equal Remedies Act, click here.

To read the fact sheet for the Equal Remedies Act, click here.

To read the section-by-section for the Equal Remedies Act, click here.

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