Friday, January 16, 2009

New Civil Rights Act

The Obama administration, along with a new Congress, will almost certainly consider new employee rights legislation. The 1991 Civil Rights Act changed the landscape of employment law by granting the right to a jury and additional monetary damages to victims of employment discrimination. A new "civil rights act" is being explored. Among those things being discussed:

-either eliminating or raising the existing caps on Title VII and ADA awards

- allowing compensatory and punitive damages under the Fair Labor Standards Act

- condition states' receipt of federal funds on the states waiving Eleventh Amendment immunity under, among others, the ADEA and FLSA.

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