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1. A U.S. Court of Appeals, 4th Circuit, decision also restricted episodic conditions, such as epilepsy, from being considered a disability in EEOC v. Sara Lee Corp., 237 F.3d 349 (4th Cir., 2001).43 Some states use a weaker criterion in this regard than the “substantially limits” requirement of the ADA under the first criterion above. In two states this is done by the statutes substituting “materially limits” (MN) or just “limits” (CA) for “substantially limits,” with legal interpretations or statutes being explicit that this is a less stringent standard. Several states (CT, IL, NJ, NY, and WA) adopt an even laxer definition, considering an individual to be disabled if their impairment is medically diagnosed, regardless of whether the impairment substantially limits one or more major life activities.
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2. Agan, Amanda Y., and Sonja B. Starr. 2016. “Ban the Box, Criminal Records, and Statistical Discrimination: A Field Experiment.” University of Michigan Law & Economics Research Paper No. 16-012.

3. Ameri, Mason, et al. 2015. “The Disability Employment Puzzle: A Field Experiment on Employer Hiring Behavior.” NBER Working Paper No. 21560.

4. Appendix references Antolini, Denise E. 2004. “Punitive Damages in Rhetoric and Reality: An Integrated Empirical Analysis of Punitive Damages Judgements in Hawaii, 1985-2001.” Journal of Law & Politics, Vol. 20, pp. 143-341.
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5. At least one court has held, however, that in appropriate circumstances a punitive damage award could significantly exceed a single digit ratio. Lynn v. TNT Logistics North America, Inc., 275 S.W.3d 304 (Mo. App. 2008)” Sperino (2010, p. 709), NCSL (2015), and GELR (2016) also indicate that punitive damages are uncapped.
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6. Baert, Stijn, Jennifer Norga, Yannick Thuy, and Marieke Van Hecke. 2016. “Getting Grey Hairs in the Labour Market. An Alternative Experiment on Age Discrimination.” Journal of Economic Psychology, Vol. 57, pp. 86-101.

7. Bendick, Marc, Jr., Charles W. Jackson, and J. Horacio Romero. 1997. “Employment Discrimination Against Older Workers: An Experimental Study of Hiring Practices.” Journal of Aging & Social Policy, Vol. 8, pp. 25-46.
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8. Bendick, Marc, Jr., Lauren E. Brown, and Kennington Wall. 1999. “No Foot in the Door: An Experimental Study of Employment Discrimination Against Older Workers.” Journal of Aging & Social Policy, Vol. 10, pp. 5-23.
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9. Bertrand, Marianne, and Sendhil Mullainathan. 2004. “Are Emily and Greg More Employable than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination.” American Economic Review, Vol. 94, pp. 991-1013.

10. Bloch, Farrell. 1994. Antidiscrimination Law and Minority Employment. Chicago: University of Chicago Press.

11. Buckley, John, and Ronald Green. 1997. State by State Guide to Human Resources Law. Aspen Publishers: New York.
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12. Buckley, John, and Ronald Green. 2002. State by State Guide to Human Resources Law. Aspen Publishers: New York.
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13. Buckley, John, and Ronald Green. 2006. State by State Guide to Human Resources Law. Aspen Publishers: New York.
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14. Buckley, John, and Ronald Green. 2009. State by State Guide to Human Resources Law. Aspen Publishers: New York Buckley, John, and Ronald Green. 2008. State by State Guide to Human Resources Law. Aspen Publishers: New York.
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15. Buckley, John, and Ronald Green. 2011. State by State Guide to Human Resources Law. Aspen Publishers: New York.
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16. Burgdorf, Robert L. 1997. “Substantially Limited: Protection from Disability Discrimination: The Special Treatment Model and Misconstruction of the Definition of Disability.” Villanova Law Review, Vol. 42, pp. 409-586 Button, Patrick. 2015. “Expanding Disability Discrimination Protections to Those with Less Severe Impairments: Evidence from California’s Prudence Kay Poppink Act” Mimeo Colker, Ruth and Adam Milani. 2002. “The Post-Garrett World: Insufficient State Protection Against Disability Discrimination” Alabama Law Review, Vol. 53, pp. 1075-166.
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17. Button, Patrick, Philip Armour, and Simon Hollands. 2017b. “A Comprehensive Analysis of the Effects of U.S. Disability Discrimination Laws on the Employment, Earnings, and Social Security Use of the Disabled Population.” Unpublished paper. Cahill, Kevin E, Michael D. Giandrea, and Joseph F. Quinn. “Retirement Patterns from Career Employment.” The Gerontologist, Vol. 46, pp. 514-23.
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18. Button, Patrick. “Expanding Employment Discrimination Protections for Individuals with Disabilities: Evidence from California.” Forthcoming in Industrial and Labor Relations Review Button, Patrick, Philip Armour, and Simon Hollands. 2017a. “Do State Disability Discrimination Laws Increase Employment for Individuals with Disabilities?” Unpublished paper.

19. Chehras, Nanneh. 2017. “Automating Correspondence Studies Using Python and SQL: Guide and Code.” Unpublished paper.
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20. Code, 3294, which provides no caps.48 The National Conference of State Legislatures (2015) (henceforth NCSL) also indicates that punitive damages are available.
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21. Colker, Ruth. 1999. “The Americans with Disabilities Act: A Windfall for Defendants.” Harvard Civil Rights Civil Liberties Law Review, Vol. 34, pp. 99-162.
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22. Colorado The Colorado Anti-Discrimination Act (C.R.S. 24-34-301 et seq.) allows both compensatory and punitive damages, but explicitly mentions that they are capped at ADA levels (see 42 U.S.C. sec. 1981a(b)(3)). Since the firm size minimum is one, damage caps are $10,000 for one to four employees, and $25,000 for five to 14 employees (C.R.S. 24-34-405(d)). xv Delaware The Delaware Discrimination in Employment Act (19 Del. C. 711 et seq.) specifies that damages are capped at the same level as Title VII of the Civil Rights Act of 1964, which are the same damage caps that apply to the ADA.
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23. Commission on Human Rights and Opportunities 232 Conn. 91). See also Commission on Human Rights & Opportunities v. Truelove & Maclean, Inc.,238 Conn. 337, 350, 680 A.2d 1261 (1996).
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24. DRI (2011, p. 399) interprets this to mean that both compensatory and punitive damages are uncapped.
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25. DRI. 2011. Employment and Labor Law State by State Compendium. DRI: Chicago.
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26. Farber, Henry S., Dan Silverman, and Till von Wachter. 2015. “Factors Determining Callbacks to Job Applications by the Unemployed.” NBER Working Paper No. 21689. Figinski, Theodore, and David Neumark. “Does Eliminating the Earnings Test Increase the Incidence of Low Income Among Older Women?” Forthcoming in Research on Aging.

27. Federal Home Loan Bank of Des Moines, S.D.Iowa2009, 645 F.Supp.2d 707, Pospisil v. O'Reilly Automotive, Inc., N.D.Iowa2007, 619 F.Supp.2d 614, and Faust v. Command Center, Inc., S.D.Iowa2007, 484 F.Supp.2d 953, 100 Fair Empl.Prac.Cas. (BNA) 1238. Civil Rights (all three also mentioned in Westlaw, 2013a). NCSL (2015) and GELR (2016) also do not list punitive damages.
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28. Fix, Michael, and Raymond Struyk. 1993. Clear and Convincing Evidence: Measurement of Discrimination in America. Washington, DC: The Urban Institute Press.

29. Gardner, Russell H., and Carolyn J. Campanella. 1991. “The Undue Hardship Defense to the Reasonable Accommodation Requirement of the Americans with Disabilities Act of 1990.” Labor Lawyer, Vol. 7, pp. 37-51.
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30. Georgia O.C.G.A. 45-19-38(d) states that “Any monetary award ordered pursuant to this article shall be for actual damages only.” This rules out punitive damages, which is echoed by DRI (2011, p. 88) and NCSL (2015). GELR (2016) also does not mention punitive damages.
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31. Gradwohl, John M. 1995. “Current Dimensions of the Federal Arbitration Act in Nebraska.” Nebraska Law Review, Vol. 74, pp. 304-23.
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32. Green, Ronald. 1992. State by State Guide to Human Resources Law. Panel Publishers.
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33. Heckman, James J. 1998. “Detecting Discrimination.” Journal of Economic Perspectives, Vol. 12, pp. 101-16.

34. Heckman, James J., Lance L. Lochner, and Petra E. Todd. 2006. “Earnings Functions, Rates of Return and Treatment Effects: The Mincer Equation and Beyond.” In Hanushek and Welch, eds., Handbook of the Economics of Education, Volume 1, Chapter 7, pp. 307-458.

35. Heckman, James, and Peter Siegelman. 1993. “The Urban Institute Audit Studies: Their Methods and Findings.” In Fix and Struyk, eds., Clear and Convincing Evidence: Measurement of Discrimination in America. Washington, D.C.: The Urban Institute Press, pp. 187-258.
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36. Hickox, Stacy A. 1996. “Reduction of Punitive Damages for Employment Discrimination: Are Courts Ignoring our Juries?” Mercer Law Review, Vol. 54, pp. 1081-1132.
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37. However, punitive damages are not allowed for employment discrimination and this is noted explicitly in statute (Mont. Code Ann. 49-2-506(2)). The lack of punitive damages is also noted by NCSL (2015) and GELR (2016) does not list punitive damages.
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38. However, these listed sections where punitive damages are allowed do not apply to employment xxiv discrimination based on disability. NCSL (2015) also does not indicate that punitive damages are available.
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39. However, willful violation is a much stricter standard than intent (Moberly, 1994). Moreover, compensatory or punitive damages are almost certainly greater than liquidated damages, and they can be much greater. As a consequence, a state law that provides compensatory or punitive damages, whether or not this requires proof of intent or willful violation, clearly entails stronger remedies than the federal law, so our classification captures whether either is allowed. 46 In principle one might classify states with combinations of the three dimensions of laws tabulated in Table 2 as having the strongest laws. However, this would provide virtually no difference in variation, and hence almost no additional variation.
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40. Idaho Idaho allows “actual damages,” and the statute does not mention caps, or a lack thereof (Idaho Code 67-5908(c)). Secondary sources were uninformative as to if this meant that actual damages were uncapped (DRI, 2011, p. 105; Green 1992; Buckley and Green 1997, 2002, 2006, 2008, 2009, and 2011). However, punitive damages are capped at $1,000 per willful violation (Idaho Code 675908 (e)). Minnesota The Minnesota Human Rights Act (Minn. Stat. 363A) allows for compensatory damages capped at three times actual damages and punitive damages capped at $25,000 (Minn. Stat. 363A.29 Subd.4(a)).
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41. In this case, we code Connecticut as not having larger damages than the federal ADA on the grounds that compensatory damages are not available, and it was not sufficiently likely that punitive damages were either, especially after the reversal of the punitive damages in the Tomick case in 2010.
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42. Iowa Case law indicates that punitive damages are not allowed under Iowa’s employment nondiscrimination law, but compensatory damages are allowed and are uncapped. Case law notes via WestLaw (2013a, p. 156) for IA ST 216.6 states: “Whereas Title VII places cap on compensatory and punitive damages recoverable by plaintiff who prevails on sex discrimination claims, the Iowa Civil Rights Act (ICRA) allows no punitive damages, but does not place cap on amount of compensatory damages. Baker v. John Morrell & Co., N.D.Iowa2003, 266 F.Supp.2d 909, affirmed 382 F.3d 816, rehearing and rehearing en banc denied.” Other case law supports a lack of punitive damages: City of Hampton v Iowa Civil Rights Comm’n, 554 N.W.2d (referenced by DRI, 2011, p. 131), Ewing v.
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43. Johnson, Richard W. 2014. “Later Life Job Changes before and after the Great Recession.” Draft final report to AARP.
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44. Johnson, Richard W., Janette Kawachi, and Eric K. Lewis. 2009. “Older Workers on the Move: Recareering in Later Life.” Washington, DC: AARP Public Policy Institute.
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45. Jolls, Christine, and J. J. Prescott. 2004. “Disaggregating Employment Protection: The Case of Disability Discrimination.” NBER Working Paper No. 10740.

46. Kansas The Kansas Act Against Discrimination (K.S.A. 44-1001, et seq.) caps damages at $2,000 and does not list punitive damages. DRI (2011, p. 139), citing Labra v. Mid-Plains Constr., Inc., 32 Kan. xix App. 2d 821, 823, 90 P.3d 954 (2004), notes that it is unclear if this cap applies only to administrative proceedings or if it also applies to private actions. Neither DRI (2011) not GELR (2016) nor NCSL (2015) indicate that punitive damages are available.
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47. Kentucky Kentucky allows for compensatory damages (K.R.S. 344.230 (3); K.R.S. 344.450). No caps are mentioned in statute and other sources do not mention caps except to confirm that caps are not codified in statute (DRI 2011, p. 153; Buckley and Green 1997, 2002, 2006, 2008, 2009, and 2011; Green 1992). The availability of punitive damages was unclear until the Kentucky Supreme Court investigated this in 2003 and 2004. DRI (2011, p. 154) notes that: “The Kentucky Supreme Court recently clarified, in contrast to earlier decisions, that punitive damages are not available under the KCRA statutes. Kentucky Dep’t of Corrs. v. McCullough, 123 S.W.3d 130, 138–39 (Ky. 2003); Brooks v. Lexington-Fayette Urban County Hous. Auth., 132 S.W.3d 790 (Ky. 2004).” Neither NCSL (2015) nor GELR (2016) list punitive damages.
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48. Lahey, Joanna. 2008a. “State Age Protection Laws and the Age Discrimination in Employment Act.” Journal of Law and Economics, Vol. 51, pp. 433-60.

49. Lahey, Joanna. 2008b. “Age, Women, and Hiring: An Experimental Study.” Journal of Human Resources, Vol. 43, pp. 30-56.
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50. Long, Alex. 2004. “State Anti-Discrimination Law as a Model for Amending the Americans with Disabilities Act.” University of Pittsburgh Law Review, Vol. 65, pp. 597-653.
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51. Long, Alex. 2004. “State Anti-Discrimination Law as a Model for Amending the Americans with Disabilities Act.” University of Pittsburgh Law Review, Vol. 65, pp. 597-653.
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52. Louisiana Louisiana allows compensatory damages, and the statute mentions no caps (La. R.S. 23:303(A)). DRI (2011, p. 160) also states that there are no caps. Punitive damages are not available, as DRI (2011, p. 160) notes that “… punitive damages are not available under Louisiana law unless expressly authorized by statute. See, e.g., Ross v. Conoco, Inc., 2002-0299 (La. 10/15/02); 828 So. 2d 546, 555.” (This case also cites Richard v. State, 390 So. 2d 882 (La. 1980); Killebrew v. Abbott Labs., 359 So. 2d 1275 (La. 1978) on this point). NCSL (2015) and GELR (2016) also do not mention that punitive damages are available. xx Michigan The Michigan’s Persons with Disabilities Civil Rights Act (M.CL. 37.1101 et seq.) is not explicit about compensatory and punitive damages, stating that: “… ‘damages’ means damages for injury or loss caused by each violation of this act, including reasonable attorneys’ fees.” (M.CL.
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53. Maestas, Nicole. 2010. “Back to Work: Expectations and Realizations of Work after Retirement.” Journal of Human Resources, Vol. 45, pp. 718-48.
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54. Martin, Patricia P., and David A. Weaver. 2005. “Social Security: A Program and Policy History.” Social Security Bulletin, Vol. 66, pp. 1-15.Mincer, Jacob. 1974. Schooling, Experience, and Earnings. New York: Columbia University Press.
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55. Maryland The Maryland Fair Employment Practices Act (Md. Code Ann., State Gov’t 20–601 et seq.) provides for the same damage caps as the ADA (Md. Code Ann., State Gov’t 20–1009(3)). Prior to the passage of Acts 2007, c. 176, however, the Maryland Fair Employment Practices Act did not allow punitive damages. The statute allows for a minimum employer size of one for the law to apply in Baltimore County, but punitive damages are not allowed in Baltimore County in cases with employers of size one to 14 employees.
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56. Moberly, Michael D. 1994. “Reconsidering the Discriminatory Motive Requirement in ADEA Disparate Treatment Cases.” New Mexico Law Review, Vol. 24, pp. 89-124.
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57. Moberly, Michael D. 1994. “Reconsidering the Discriminatory Motive Requirement in ADEA Disparate Treatment Cases.” New Mexico Law Review, Vol. 24, pp. 89-124.
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58. Montana The Montana Human Rights Act does not explicitly mention compensatory damages. DRI (2011, p. 229) and Perry (2011) both state that compensatory damages are allowed and uncapped.
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59. NCSL (2015) indicates that neither compensatory or punitive damages are expressly provided for in the statute and further notes that the Connecticut Supreme Court did not provide for compensatory damages in 1995 (referencing the above case).
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60. NCSL (2015) similarly confirms that punitive damages are available. The language “compensatory and punitive damages” was added by 1999, No. 19, 5. Before this, the statute just said “damages” and it was left ambiguous as to if punitive damages were covered. This ambiguity prior to the 1999 amendment was settled in Fernot v. Crafts Inn, Inc., 895 F. Supp. 668, 682 (D. Vt. 1995), where it was deemed that punitive damages were not allowed.
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61. Neumark, David, and Joanne Song. 2013. “Do Stronger Age Discrimination Laws Make Social Security Reforms More Effective?” Journal of Public Economics, Vol. 108, pp. 1-16.

62. Neumark, David, and Joanne Song. 2013. “Do Stronger Age Discrimination Laws Make Social Security Reforms More Effective?” Journal of Public Economics, Vol. 108, pp. 1-16.

63. Neumark, David, Ian Burn, and Patrick Button. 2015. “Is It Harder for Older Workers to Find Jobs? New and Improved Evidence from a Field Experiment.” NBER Working Paper No. 21669.

64. Neumark, David, Joanne Song, and Patrick Button. 2017. “Does Protecting Older Workers from Discrimination Make It Harder to Get Hired? Evidence from Disability Discrimination Laws.” Research on Aging, Vol. 39, pp. 29-63 Posner, Richard A. 1995. Aging and Old Age. Chicago: University of Chicago Press.

65. Neumark, David. 1996. “Sex Discrimination in Restaurant Hiring: An Audit Study.” Quarterly Journal of Economics, Vol. 111, pp. 915-41.

66. Neumark, David. 2012. “Detecting Evidence of Discrimination in Audit and Correspondence Studies.” Journal of Human Resources, Vol. 47, pp. 1128-57.
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67. New Hampshire According to New Hampshire’s employment non-discrimination law, compensatory damages are available (N.H. R.S.A. 354A-21(d)). Punitive damages are not mentioned in this statute, but a more general statute on punitive damages states: “No punitive damages shall be awarded in any action, unless otherwise provided by statute.” (N.H. R.S.A. 507:16) DRI (2011, p. 247) and NCSL (2015) also state that New Hampshire law does not allow punitive damages, and GELR (2016) lists compensatory damages only. Case law appears to indicate that punitive damages are not available52 .
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68. New Jersey New Jersey’s employment non-discrimination law states that “All remedies available in common law tort actions shall be available to prevailing plaintiffs” (N.J.S.A. 10:5-13). This includes compensatory and punitive damages (DRI, 2011, p. 254) but there is no explicit mention of caps, or lack thereof. Case law, such as Baker v. National State Bank, 801 A.2d 1158 (N.J. App. Div. 2002) indicates that these damages are uncapped (DRI, 2011, p. 253). NCSL (2015) and GELR (2016) also indicate that punitive damages are available. xi Ohio Ohio law allows for “…damages, injunctive relief, or any other appropriate relief.” (OH ST. 4112.99). According to DRI (2011, p. 311), this includes uncapped compensatory and punitive damages for civil actions but these damages are capped if the case is handled by the Ohio Civil Rights Commission. NCSL (2015) also indicates that punitive damages are available.
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69. New York According to New York Executive Law 297(4)(c), punitive damages are not allowed: “(iii) awarding of compensatory damages to the person aggrieved by such practice; (iv) awarding of punitive damages, in cases of housing discrimination only…” DRI (2011, p. 274), GELR (2016), and NCSL (2015) also indicate that punitive damages are not available.
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70. North Carolina Neither compensatory nor punitive damages are mentioned in the “Persons with Disabilities Protection Act” (N.C.G.S.A. 168A-11). Rather this statute states “(b) Any relief granted by the court shall be limited to declaratory and injunctive relief, including orders to hire or reinstate an aggrieved person or admit such person to a labor organization. In a civil action brought to enforce provisions of this Chapter relating to employment, the court may award back pay.” and reasonable attorney’s fees are also available under part (d). NCSL (2015), GELR (2016), and DRI (2011, p. 289) also do not indicate that punitive damages are available.
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71. North Dakota “Neither the department nor an administrative hearing officer may order compensatory or punitive damages under this chapter” (N.D. Cent. Code 14-02.4-20). Neither NCSL (2015) nor DRI (2011, p. 305) nor GELR (2016) indicate that these damages are available. xxiii Oklahoma Unlike for other protected classes in Oklahoma, aggrieved employees with claims of disability discrimination were previously able to pursue a private action and receive compensatory damages (DRI, 2011, p. 317). However, this was removed effective November 1, 2011, when an amendment (Laws 2011, c. 270, 21) repealed Okla. Stat. tit. 25, 1901. NCSL (2015) does not mention punitive damages as being available after this legal change. It appears that punitive damages were never available before this change, as neither the statute nor DRI (2011, p. 317) mention them as having been available.
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72. Oregon Oregon’s employment non-discrimination law states: “The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater, and punitive damages…” (OR ST 659A.885(3)(a)). DRI (2011, p. 326) confirms that damages are uncapped, noting that there are caps only if the action is against a government entity. NCSL (2015) and GELR (2016) also indicate that punitive damages are available.
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73. Pennsylvania There is no mention of punitive damages in the Pennsylvania Human Relations Act (43 P.S. 951 et seq.). DRI (2011, p. 340) argues that they are not available, citing Hoy v. Angelone, 554, Pa.
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74. Perry, John. 2011. Equal Employment of Persons with Disabilities. American Bar Association Publishing: Washington.
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75. Riach, Peter A., and Judith Rich. 2006. “An Experimental Investigation of Age Discrimination in the French Labour Market.” IZA Discussion Paper No. 2522.

76. Rutledge, Matthew S., Steven A. Sass, and Jorge D. Ramos-Mercado. 2016. “How Does Occupational Access for Older Workers Differ by Education?” Center for Retirement Research at Boston College.

77. Sezer, Kent and Jacinta Epting. 2012. “Rights, Remedies, and Procedures Under Illinois Law” in Adrianne C. Mazura (Ed.) Employment Discrimination. Chicago: Illinois Institute for Continuing Legal Education Sperino, Sandra F. 2010. “The New Calculus of Punitive Damages for Employment Discrimination Cases.” Oklahoma Law Review, Vol. 62, 701-734 Westlaw. 2013a. “IA ST 216.6” Retrieved from Westlaw Campus on July 26, 2013.
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78. South Carolina The South Carolina Human Affairs Law (S.C. Code 1-13-10 et seq.) does not explicitly mention compensatory or punitive damages. DRI (2011, p. 363) argues that the damages are identical to those under Title VII / ADA cases, noting case law which states: “Thus, Title VII cases which interpret provisions or procedures essentially identical to those of the Human Affairs Law are certainly persuasive if not controlling in construing the Human Affairs Laws (Orr v. Clyburn, 290 S.E.2d 804 (S.C. 1982)).” Texas The Texas Commission on Human Rights Act (Tex. Lab. Code 21.001 et seq.) lists the same damage caps as the ADA. xvi States with lower damage caps than the ADA Florida The Florida Civil Rights Act of 1992 (Fla. Stat. 760.01 et seq.) allows uncapped compensatory damages, but it caps punitive damages at $100,000 (Fla. Stat. 760.11(5)).
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79. States with No Law Alabama Alabama only has an employment non-discrimination law that protects older workers, but not any other groups. 57 See https://dwd.wisconsin.gov/er/discrimination_civil_rights/publication_erd_6160_p.htm (accessed January 13, 2017). xxvii Mississippi Mississippi does not have an employment non-discrimination law.
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80. Sterns, Harvey L., and Suzanne M. Miklos. 1995. “The Aging Worker in a Changing Environment: Organization and Individual Issues.” Journal of Vocational Behavior, Vol. 47, pp. 248-68.
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81. Stock, Wendy A., and Kathleen Beegle. 2004. “Employment Protections for Older Workers: Do Disability Discrimination Laws Matter?” Contemporary Economic Policy, Vol. 22, pp. 111-26.

82. Tennessee Neither the Tennessee Human Rights Act (THRA, T.C.A. 4-21-401 et seq.) nor the Tennessee Handicap Act (THA, T.C.A. 4-21-401 et seq.) mention punitive damages (the later refers to the former for the damages allowed). DRI (2011, p. 379) argues that punitive damages are not available, citing Carver v. Citizen Utils. Co., 954 S.W.2d 34 (Tenn. 1997). See also Forbes v. Wilson County Emergency Dist. 911 Bd., 1998, 966 S.W.2d 417, as cited by Westlaw (2013c, p. 18). NCSL (2015) also indicates that punitive damages are not allowed and GELR (2016) does not list punitive damages. Utah The Utah Anti-Discrimination Act states that the following relief is available for those successful in an employment discrimination claim: “(b) provide relief to the complaining party, including: (i) reinstatement; (ii) back pay and benefits; (iii) attorneys' fees; and (iv) costs” (U.C.A. 34A-5-107(9)(b)).
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83. Tilcsik, András. 2011. “Pride and Prejudice: Employment Discrimination against Openly Gay Men in the United States.” American Journal of Sociology, Vol. 117, 586-626.
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84. Tinkham, Thomas. 2010. “The Uses and Misuses of Statistical Proof in Age Discrimination Claims.” William Mitchell College of Law, Legal Studies Research Paper Series 2010-20.
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85. U.S. Equal Employment Opportunity Commission. 2002. “Federal Laws Prohibiting Job Discrimination Questions and Answers,” available at www.eeoc.gov/facts/qanda.html, viewed April 13, 2009. Table 1: Level of Matching of Callbacks Matched positive responses No responses Total Voicemail 1,614 N.A. 1,614 Email 1,218 N.A. 1,218 Both 438 N.A. 438 All 3,270 11,158 14,428 Notes: There are 3,270 matched responses to 14,428 résumés that were sent out. For responses received from employers, we tried to match each response to a unique job identifier. We received three voicemails that we were unable to match to either a unique job identifier or to the résumé that was sent.
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86. v. Superior Court, 32 Cal. 3d 211, 221 (1982) concluded that allowable damages fell under Cal. Civ.
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87. Washington Washington’s employment non-discrimination law (R.C.W. 49.60.030) states that “actual damages” are available, which has been interpreted to be uncapped compensatory damages (DRI, 2011, p. 491). DRI (2011, p. 491), NCSL (2015), and other sources55 state that punitive damages are not allowed, and GELR (2016) does not list punitive damages. The lack of punitive damages is confirmed explicitly, with case law citations, in the Washington Civil Jury Instructions56 :
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88. West Virginia West Virginia’s employment non-discrimination law does not directly state that compensatory and punitive damages are available. It states that remedies include: “…reinstatement or hiring of employees, granting of back pay or any other legal or equitable relief as the court deems appropriate. In actions brought under this section, the court in its discretion may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant” (W. Va. Code 5-1113) . DRI (2011, p. 428) deems punitive damages to be available, citing Haynes v. Rhone-Poulenc, Inc.,521 S.E.2d 331 (W. Va. 1999) as an example. The question of if compensatory damages were available was settled in State Human Rights Commission v. Pauley, 212 S.E.2d 77 (W. Va. 1975), where the West Virginia Supreme Court deemed compensatory damages to be available. NCSL (2015) lists both compensatory and punitive damages.
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89. Westlaw. 2013b. “IN ST 22-9-1-3” Retrieved from Westlaw Campus on July 26, 2013.
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90. Westlaw. 2013c. “TN ST 8-50-103” Retrieved from Westlaw Campus on July 31, 2013.
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91. Wyoming The Wyoming Fair Employment Practices Act (Wyo. Stat. 27-9-101 et seq.) does not mention compensatory or punitive damages, or a lack thereof. DRI (2011, p. 449) seems to suggest that these damages are not available. NCSL (2015) and Hickox (1996) also notes that punitive damages are not available, and GELR (2016) does not mention punitive damages.
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