Discrimination Lawsuit Damages Cap Calculator 2026
Title VII and ADA federal discrimination cases face combined caps on compensatory + punitive damages tied to employer size — $50K (15-100 employees) to $300K (500+ employees). This tool computes maximum recovery and explains routes around the cap.
Title VII Damages Cap Tiers
Federal employment discrimination damages cap (42 USC §1981a, Title VII + ADA): (1) 15-100 employees: $50K. (2) 101-200 employees: $100K. (3) 201-500 employees: $200K. (4) 500+ employees: $300K. Cap covers compensatory + punitive damages combined. Back pay and front pay are uncapped and separate.
How to Get Above the Federal Cap
Three strategies: (1) Pair with state law claim — California FEHA, NY State HRL, NYC HRL, NJ LAD have NO cap. (2) Bring Section 1981 race discrimination claim — no cap under §1981a. (3) Pursue Section 1983 if government employer — qualified immunity defense applies but no cap. Multi-claim filings are the norm.
Strategic Forum Selection
For $300K+ exposure cases, plaintiffs typically file in state court under state law to bypass federal cap. Removal to federal court is possible but plaintiffs can structure complaints to defeat removal (no federal claim, no diversity if same-state defendant). Forum choice can 5-10x recovery on the same facts.
Source: 42 USC §1981a, EEOC Charge Data 2025, Damages cap 1991 Civil Rights Act. Last updated: May 2026.