SPONSOR: Sen. Sturgeon & Sen. Townsend & Sen. Walsh & Rep. Osienski Rep. Morrison DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO. 145 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO DAMAGES FOR EMPLOYMENT DISCRIMINATION.
SPONSOR: Sen. Sturgeon & Sen. Townsend & Sen. Walsh & Rep. Osienski Rep. Morrison
SPONSOR: Sen. Sturgeon & Sen. Townsend & Sen. Walsh & Rep. Osienski
Rep. Morrison
SPONSOR:
Sen. Sturgeon & Sen. Townsend & Sen. Walsh & Rep. Osienski
Rep. Morrison
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE BILL NO. 145
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO DAMAGES FOR EMPLOYMENT DISCRIMINATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 715, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 715. Judicial remedies; civil penalties. (a) Superior Court shall have jurisdiction over all proceedings brought by the charging party pursuant to under 714 of this title. Superior Court may excuse a charging party who has complied with the compulsory conciliation provisions of this chapter from the compulsory arbitration provisions of Superior Court rule. rules. (1) (b) Superior Court shall have the authority to provide the following relief, including but not limited to: may order any of the following: a. Order (1) That the respondent to cease and desist or modify its existing employment policies; policies. b. Order (2) That the respondent to hire, reinstate reinstate, or promote the charging party; party. c. Order the (3) The payment of compensatory damages, including but not limited to general and special damages, punitive damages when appropriate, not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.], as amended, provided that for the purposes of this subchapter, employers with 4-14 employees shall be treated under Title VIIs damage award as an employer having under 50 employees; and any of the following: a. Compensatory damages. b. Punitive damages. c. Special damages, including back pay and interest on back pay. d. Front pay. d. Order the (4) Equitable relief provided under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-5. (5) The costs of litigation and reasonable attorneys fees to the prevailing party. (c) An award of compensatory or punitive damages, or both, under paragraph (b)(3)a. or b. of this section, may not exceed the following: (1) For a respondent with 4 through 100 employees, $125,000. (2) For a respondent with 101 through 200 employees, $250,000. (3) For a respondent with 201 through 500 employees, $500,000. (4) For a respondent with more than 500 employees, $1,000,000. (2) (d) In any action brought by the Department for violation of the retaliation provision of 711(g) of this title, the Court shall fine the employer not less than $1,000 nor more than $5,000 for each violation, in addition to any liability for damages. damages under this section.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 715, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
715. Judicial remedies; civil penalties.
(a) Superior Court shall have jurisdiction over all proceedings brought by the charging party pursuant to under 714 of this title. Superior Court may excuse a charging party who has complied with the compulsory conciliation provisions of this chapter from the compulsory arbitration provisions of Superior Court rule. rules.
(1) (b) Superior Court shall have the authority to provide the following relief, including but not limited to: may order any of the following:
a. Order (1) That the respondent to cease and desist or modify its existing employment policies; policies.
b. Order (2) That the respondent to hire, reinstate reinstate, or promote the charging party; party.
c. Order the (3) The payment of compensatory damages, including but not limited to general and special damages, punitive damages when appropriate, not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.], as amended, provided that for the purposes of this subchapter, employers with 4-14 employees shall be treated under Title VIIs damage award as an employer having under 50 employees; and any of the following:
a. Compensatory damages.
b. Punitive damages.
c. Special damages, including back pay and interest on back pay.
d. Front pay.
d. Order the (4) Equitable relief provided under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-5.
(5) The costs of litigation and reasonable attorneys fees to the prevailing party.
(c) An award of compensatory or punitive damages, or both, under paragraph (b)(3)a. or b. of this section, may not exceed the following:
(1) For a respondent with 4 through 100 employees, $125,000.
(2) For a respondent with 101 through 200 employees, $250,000.
(3) For a respondent with 201 through 500 employees, $500,000.
(4) For a respondent with more than 500 employees, $1,000,000.
(2) (d) In any action brought by the Department for violation of the retaliation provision of 711(g) of this title, the Court shall fine the employer not less than $1,000 nor more than $5,000 for each violation, in addition to any liability
for damages. damages under this section.
SYNOPSIS This Act increases the limits on the dollar amount of awards of compensatory or punitive damages, or both, in cases of employment discrimination, establishing specific caps based on the number of the respondent's employees. This Act also clarifies that the Superior Court may order equitable relief available under Title VII of the Civil Rights Act of 1964, as well as back pay and front pay, which is an award made for the period between the date of judgment and the date of reinstatement. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Author: Senator Sturgeon
SYNOPSIS
This Act increases the limits on the dollar amount of awards of compensatory or punitive damages, or both, in cases of employment discrimination, establishing specific caps based on the number of the respondent's employees. This Act also clarifies that the Superior Court may order equitable relief available under Title VII of the Civil Rights Act of 1964, as well as back pay and front pay, which is an award made for the period between the date of judgment and the date of reinstatement.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Sturgeon