844
Syllabus
By 1991, virtually all of the courts of appeals had recognized front pay as a remedy authorized by § 706(g). In 1991, Congress further expanded the available remedies to include compensatory and punitive damages, subject to § 1981a(b)(3)'s cap. Pp. 848-851.
(b) The 1991 Act's plain language makes clear that the newly authorized § 1981a remedies were in addition to the relief authorized by § 706(g). Thus, if front pay was a type of relief authorized under § 706(g), it is excluded from the meaning of compensatory damages under § 1981a and it would not be subject to § 1981a(b)(3)'s cap. As the original language of § 706(g) authorizing backpay awards was modeled after the same language in the NLRA, backpay awards (now called front pay awards under Title VII) made for the period between the judgment date and the reinstatement date were authorized under § 706(g). Because there is no logical difference between front pay awards made when there eventually is reinstatement and those made when there is not, front pay awards made in lieu of reinstatement are authorized under § 706(g) as well. To distinguish between the two cases would lead to the strange result that employees could receive front pay when reinstatement eventually is available but not when it is unavailable—whether because of continuing hostility between the plaintiff and the employer or its workers, or because of psychological injuries that the discrimination has caused the plaintiff. Thus, the most egregious offenders could be subject to the least sanctions. The text of § 706(g) does not lend itself to such a distinction. Front pay awards made in lieu of reinstatement fit within § 706(g)'s authorization for courts to "order such affirmative action as may be appropriate." Pp. 852-854.
213 F. 3d 933, reversed and remanded.
Thomas, J., delivered the opinion of the Court, in which all other Members joined, except O'Connor, J., who took no part in the consideration or decision of the case.
Kathleen L. Caldwell argued the cause for petitioner. With her on the briefs was Eric Schnapper.
Matthew D. Roberts argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Acting Solicitor General Underwood, Acting Assistant Attorney General Yeomans, Austin C. Schlick, Dennis J. Dimsey, Jennifer Levin, Gwendolyn Young Reams, Phillip B. Sklover, Carolyn L. Wheeler, and Caren I. Friedman.
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