Damages in cases of intentional discrimination in employment

In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 [ 42 U.S.C. 2000e–5 , 2000e–16] against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) prohibited under section 703, 704, or 717 of the Act [ 42 U.S.C. 2000e–2 , 2000e–3, 2000e–16], and provided that the complaining party cannot recover under section 1981 of this title , the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.

(R.S. § 1977A, as added Pub. L. 102–166, title I, § 102 , Nov. 21, 1991 , 105 Stat. 1072 .)