West v. Gibson, 527 U.S. 212, 6 (1999)

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Cite as: 527 U. S. 212 (1999)

Opinion of the Court

versed the District Court's dismissal. It rejected the Department's argument because, in its view, the EEOC lacked the legal power to award compensatory damages; consequently there was no administrative remedy to exhaust. Id., at 995-998.

Because the Circuits have disagreed about whether the EEOC has the power to award compensatory damages, compare Fitzgerald v. Secretary, Dept. of Veterans Affairs, 121 F. 3d 203, 207 (CA5 1997) (EEOC may award compensatory damages), with Crawford v. Babbitt, 148 F. 3d 1318, 1326 (CA11 1998) (EEOC cannot award compensatory damages), and 137 F. 3d, at 996-998 (same), we granted certiorari in order to decide that question.

II

The language, purposes, and history of the 1972 Title VII extension and the 1991 CDA convince us that Congress has authorized the EEOC to award compensatory damages in Federal Government employment discrimination cases. Read literally, the language of the statutes is consistent with a grant of that authority. The relevant portion of the Title VII extension, namely, § 717(b), says that the EEOC "shall have authority" to enforce § 717(a) "through appropriate remedies, including reinstatement or hiring of employees with or without back pay." 42 U. S. C. § 2000e-16(b). After enactment of the 1991 CDA, an award of compensatory damages is a "remedy" that is "appropriate."

We recognize that § 717(b) explicitly mentions certain equitable remedies, namely, reinstatement, hiring, and back-pay, and it does not explicitly refer to compensatory damages. But the preceding word "including" makes clear that the authorization is not limited to the specified remedies there mentioned; and the 1972 Title VII extension's choice of examples is not surprising, for in 1972 (and until 1991) Title VII itself authorized only equitable remedies. See Civil Rights Act of 1964, 78 Stat. 261, 42 U. S. C. § 2000e-5(g) (pri-

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