Cite as: 527 U. S. 212 (1999)
Opinion of the Court
whether, by using the word "action," Congress intended to deny that compensatory damages is "appropriate" administrative relief within the terms of § 717(b). In light of the previous discussion, see supra, at 217-220, we do not believe the simple use of the word "action" in the context of a cross-reference to the whole of § 717 indicates an intent to deprive the EEOC of that authority.
Second, in an effort to explain why Congress might have wanted to impose a special EEOC-related limitation in respect to compensatory damages, respondent points to the language in the CDA that says: "If a complaining party seeks compensatory . . . damages under this section . . . any party may demand a trial by jury." 42 U. S. C. § 1981a(c) (emphasis added). Respondent notes that an EEOC compensatory damages award would not involve a jury. And an agency cannot proceed to court under § 717(c) because that subsection makes a court action available only to an aggrieved complaining party, not to the agency. § 2000e-16(c). Thus, respondent concludes that the CDA must implicitly forbid any such EEOC award, for that award would take place without the jury trial that § 1981a(c) guarantees.
This argument, however, draws too much from too little. One easily can read the jury trial provision in § 1981a(c) as simply guaranteeing either party a jury trial in respect to compensatory damages if a complaining party proceeds to court under § 717(c). The words "under this section" in § 1981a(c) support that interpretation, for "this section," § 1981a, refers primarily to court proceedings. And there is no reason to believe Congress intended more. The history of the jury trial provision suggests that Congress saw the provision primarily as a benefit to complaining parties, not to the Government. See, e. g., 137 Cong. Rec., at 29051-29052 (statement of Sen. Leahy) (for "the first time, women and the disabled could recover damages and have jury trials for claims of intentional discrimination"); id., at 30668 (state-
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