21.122.20 Front pay

Front pay is not an element of compensatory damages under Section 1981a -- and thus is not subject to the statutory cap. In Pollard v. E. I. du Pont de Nemours & Co., 121 S.Ct. 1946 (2001), the plaintiff in this Title VII sexual harassment case was awarded $300,000 in compensatory damages -- the maximum amount permitted under 42 U.S.C. § 1981a(b)(3). Even though the district court did not believe the award adequately compensated the plaintiff, it declined to award any front pay because under Sixth Circuit precedent front pay was treated as compensatory damages and the statutory cap had already been met. The Sixth Circuit affirmed. The Supreme Court then reversed. Prior to the Civil Rights Act of 1991, front pay was an equitable remedy available to Title VII plaintiffs under Section 706(g) of the Civil Rights Act of 1964. The Civil Rights Act of 1991 added additional remedies to those already provided under Section 706(g). Therefore, front pay is not a part of the additional remedy of compensatory damages authorized under Section 1981a -- and thus is not subject to the statutory cap on compensatory damages.*

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*  Ogden v. Wax Works, Inc., 214 F.3d 999, 1008 n. 14 (8^th Cir. 2000).