Civil Rights Act of 1866 & Civil Rights Act of 1871 - CRA - 42 U.S. Code 21 §§1981, 1981A, 1983, & 1988

42 USC CHAPTER 21 - CIVIL RIGHTS

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS


Sec.                                                     
1981.       Equal rights under the law.                       
1981a.      Damages in cases of intentional discrimination in employment
1983.       Civil action for deprivation of rights.           
1988.       Proceedings in vindication of civil rights.     



Sec. 1981. Equal rights under the law

    (a) Statement of equal rights
      All persons within the jurisdiction of the United States shall
    have the same right in every State and Territory to make and
    enforce contracts, to sue, be parties, give evidence, and to the
    full and equal benefit of all laws and proceedings for the security
    of persons and property as is enjoyed by white citizens, and shall
    be subject to like punishment, pains, penalties, taxes, licenses,
    and exactions of every kind, and to no other.
    (b) "Make and enforce contracts" defined
      For purposes of this section, the term "make and enforce
    contracts" includes the making, performance, modification, and
    termination of contracts, and the enjoyment of all benefits,
    privileges, terms, and conditions of the contractual relationship.
    (c) Protection against impairment
      The rights protected by this section are protected against
    impairment by nongovernmental discrimination and impairment under
    color of State law.


Sec. 1981a. Damages in cases of intentional discrimination in
      employment

    (a) Right of recovery
      (1) Civil rights
        In an action brought by a complaining party under section 706
      or 717 of the Civil Rights Act of 1964 [42 U.S.C. 2000e-5,
      2000e-16] against a respondent who engaged in unlawful
      intentional discrimination (not an employment practice that is
      unlawful because of its disparate impact) prohibited under
      section 703, 704, or 717 of the Act [42 U.S.C. 2000e-2, 2000e-3,
      2000e-16], and provided that the complaining party cannot recover
      under section 1981 of this title, the complaining party may
      recover compensatory and punitive damages as allowed in
      subsection (b) of this section, in addition to any relief
      authorized by section 706(g) of the Civil Rights Act of 1964,
      from the respondent.
      (2) Disability
        In an action brought by a complaining party under the powers,
      remedies, and procedures set forth in section 706 or 717 of the
      Civil Rights Act of 1964 [42 U.S.C. 2000e-5, 2000e-16] (as
      provided in section 107(a) of the Americans with Disabilities Act
      of 1990 (42 U.S.C. 12117(a)), and section 794a(a)(1) of title 29,
      respectively) against a respondent who engaged in unlawful
      intentional discrimination (not an employment practice that is
      unlawful because of its disparate impact) under section 791 of
      title 29 and the regulations implementing section 791 of title
      29, or who violated the requirements of section 791 of title 29
      or the regulations implementing section 791 of title 29
      concerning the provision of a reasonable accommodation, or
      section 102 of the Americans with Disabilities Act of 1990 (42
      U.S.C. 12112), or committed a violation of section 102(b)(5) of
      the Act, against an individual, the complaining party may recover
      compensatory and punitive damages as allowed in subsection (b) of
      this section, in addition to any relief authorized by section
      706(g) of the Civil Rights Act of 1964, from the respondent.
      (3) Reasonable accommodation and good faith effort
        In cases where a discriminatory practice involves the provision
      of a reasonable accommodation pursuant to section 102(b)(5) of
      the Americans with Disabilities Act of 1990 [42 U.S.C.
      12112(b)(5)] or regulations implementing section 791 of title 29,
      damages may not be awarded under this section where the covered
      entity demonstrates good faith efforts, in consultation with the
      person with the disability who has informed the covered entity
      that accommodation is needed, to identify and make a reasonable
      accommodation that would provide such individual with an equally
      effective opportunity and would not cause an undue hardship on
      the operation of the business.
    (b) Compensatory and punitive damages
      (1) Determination of punitive damages
        A complaining party may recover punitive damages under this
      section against a respondent (other than a government, government
      agency or political subdivision) if the complaining party
      demonstrates that the respondent engaged in a discriminatory
      practice or discriminatory practices with malice or with reckless
      indifference to the federally protected rights of an aggrieved
      individual.
      (2) Exclusions from compensatory damages
        Compensatory damages awarded under this section shall not
      include backpay, interest on backpay, or any other type of relief
      authorized under section 706(g) of the Civil Rights Act of 1964
      [42 U.S.C. 2000e-5(g)].
      (3) Limitations
        The sum of the amount of compensatory damages awarded under
      this section for future pecuniary losses, emotional pain,
      suffering, inconvenience, mental anguish, loss of enjoyment of
      life, and other nonpecuniary losses, and the amount of punitive
      damages awarded under this section, shall not exceed, for each
      complaining party - 
          (A) in the case of a respondent who has more than 14 and
        fewer than 101 employees in each of 20 or more calendar weeks
        in the current or preceding calendar year, $50,000;
          (B) in the case of a respondent who has more than 100 and
        fewer than 201 employees in each of 20 or more calendar weeks
        in the current or preceding calendar year, $100,000; and
          (C) in the case of a respondent who has more than 200 and
        fewer than 501 employees in each of 20 or more calendar weeks
        in the current or preceding calendar year, $200,000; and
          (D) in the case of a respondent who has more than 500
        employees in each of 20 or more calendar weeks in the current
        or preceding calendar year, $300,000.
      (4) Construction
        Nothing in this section shall be construed to limit the scope
      of, or the relief available under, section 1981 of this title.
    (c) Jury trial
      If a complaining party seeks compensatory or punitive damages
    under this section - 
        (1) any party may demand a trial by jury; and
        (2) the court shall not inform the jury of the limitations
      described in subsection (b)(3) of this section.
    (d) Definitions
      As used in this section:
      (1) Complaining party
        The term "complaining party" means - 
          (A) in the case of a person seeking to bring an action under
        subsection (a)(1) of this section, the Equal Employment
        Opportunity Commission, the Attorney General, or a person who
        may bring an action or proceeding under title VII of the Civil
        Rights Act of 1964 (42 U.S.C. 2000e et seq.); or
          (B) in the case of a person seeking to bring an action under
        subsection (a)(2) of this section, the Equal Employment
        Opportunity Commission, the Attorney General, a person who may
        bring an action or proceeding under section 794a(a)(1) of title
        29, or a person who may bring an action or proceeding under
        title I of the Americans with Disabilities Act of 1990 [42
        U.S.C. 12111 et seq.].
      (2) Discriminatory practice
        The term "discriminatory practice" means the discrimination
      described in paragraph (1), or the discrimination or the
      violation described in paragraph (2), of subsection (a) of this
      section.


Sec. 1983. Civil action for deprivation of rights

      Every person who, under color of any statute, ordinance,
    regulation, custom, or usage, of any State or Territory or the
    District of Columbia, subjects, or causes to be subjected, any
    citizen of the United States or other person within the
    jurisdiction thereof to the deprivation of any rights, privileges,
    or immunities secured by the Constitution and laws, shall be liable
    to the party injured in an action at law, suit in equity, or other
    proper proceeding for redress, except that in any action brought
    against a judicial officer for an act or omission taken in such
    officer's judicial capacity, injunctive relief shall not be granted
    unless a declaratory decree was violated or declaratory relief was
    unavailable. For the purposes of this section, any Act of Congress
    applicable exclusively to the District of Columbia shall be
    considered to be a statute of the District of Columbia.


Sec. 1988. Proceedings in vindication of civil rights

    (a) Applicability of statutory and common law
      The jurisdiction in civil and criminal matters conferred on the
    district courts by the provisions of titles 13, 24, and 70 of the
    Revised Statutes for the protection of all persons in the United
    States in their civil rights, and for their vindication, shall be
    exercised and enforced in conformity with the laws of the United
    States, so far as such laws are suitable to carry the same into
    effect; but in all cases where they are not adapted to the object,
    or are deficient in the provisions necessary to furnish suitable
    remedies and punish offenses against law, the common law, as
    modified and changed by the constitution and statutes of the State
    wherein the court having jurisdiction of such civil or criminal
    cause is held, so far as the same is not inconsistent with the
    Constitution and laws of the United States, shall be extended to
    and govern the said courts in the trial and disposition of the
    cause, and, if it is of a criminal nature, in the infliction of
    punishment on the party found guilty.
    (b) Attorney's fees
      In any action or proceeding to enforce a provision of sections
    1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of
    Public Law 92-318 [20 U.S.C. 1681 et seq.], the Religious Freedom
    Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious
    Land Use and Institutionalized Persons Act of 2000 [42 U.S.C.
    2000cc et seq.], title VI of the Civil Rights Act of 1964 [42
    U.S.C. 2000d et seq.], or section 13981 of this title, the court,
    in its discretion, may allow the prevailing party, other than the
    United States, a reasonable attorney's fee as part of the costs,
    except that in any action brought against a judicial officer for an
    act or omission taken in such officer's judicial capacity such
    officer shall not be held liable for any costs, including
    attorney's fees, unless such action was clearly in excess of such
    officer's jurisdiction.
    (c) Expert fees
      In awarding an attorney's fee under subsection (b) of this
    section in any action or proceeding to enforce a provision of
    section 1981 or 1981a of this title, the court, in its discretion,
    may include expert fees as part of the attorney's fee.