Patterson v. McLean Credit Union

The Civil Rights Act of 1991 amended a number of existing civil rights laws concerned with employment discrimination claims by including provisions for recovery of damages, jury trials, and obtaining relief from on-the-job violations. Previously, only traditional awards of back pay, job reinstatement, and attorney's fees were allowed. Amending Title VII of the Civil Rights Act of 1964 and the American With Disabilities Act of 1990, the 1991 act provides the potential to also award compensatory (future monetary loss, emotional pain and suffering) and punitive (awards in excess of actual damages as punishment) damages. In addition, a person alleging intentional discrimination may request a jury trial to determine liability. Previously, a judge could decide key issues.

The act allows employees to sue for damages experienced through discrimination in hiring, promotion, dismissal, and other terms of employment. In order to protect from expensive lawsuits, employers were encouraged to carefully review their existing policies and practices, and to train supervisors so that hiring, daily management, and termination decisions are nondiscriminatory. Also, the burden of proof shifted from the aggrieved worker to the employer. The employer must justify the challenged employment practice by proving its consistency with a business necessity.