Will 1991 amendments to Title VII alter use of Section 1983 claims to redress discrimination in public employment?

Article Abstract:

The future of the dual remedies of Title VII and Section 1983 in employment discrimination cases seems uncertain after the passage of the 1991 amendments to Title VII. These amendments add jury trials and compensatory damages to Title VII cases, leaving just coverage and statute of limitations as the major differences between it and Section 1983. The lower courts disagree on Title VII preclusion of a section 1983 action, and the Supreme Court may resolve the issue.

Constitutional torts

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Parallel remedies and increased enforcement of the Americans with Disabilities Act

Article Abstract:

The Americans with Disabilities Act (ADA) should be strengthened by making intentional violation of the act a white collar crime or by applying the criminal conspiracy against rights statute. Widespread voluntary compliance with the act is unlikely to occur without the threat of criminal penalties. The use of criminal sanctions is supported by policy arguments, criminal penalties in analogous statutes, and language from criminal law that is included in the ADA.

Discrimination against disabled persons, Handicapped discrimination, Civil rights, Remedies (Law)

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Compensatory damages: some questions you may be afraid to ask

Article Abstract:

Federal employees involved in EEOC administrative proceedings can obtain compensatory damages for intentional discrimination under Section 102 of the Civil Rights Act of 1991. Judicial decisions have left unanswered the question of damages discriminatory acts occurring before that law. Until this matter is clarified, EEOC complainants run some risk when they reject agency settlement offers and seek judicial review.

Damages, Damages (Law)

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