There is no requirement for a minimum number of employees. State courts have concurrent jurisdiction with federal district courts. The caps placed on compensatory damages do not apply in a Section 1981 claim. Attorney s Fees may be awarded to the prevailing party. There are no caps on punitive damages in a Section 1981 claim.
Injunctive relief is available when there is an intentional discriminatory employment practice.
For instance, an employee can be reinstated and an employer can be ordered to prevent future discrimination. The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use , including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof. This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. None of the information contained on this site is, or should be construed as, legal advice.