A court may award compensatory and punitive damages for an unlawful intentional employment practice, but punitive damages are limited by exceptions and employee-based caps.
Sec. 21.2585. COMPENSATORY AND PUNITIVE DAMAGES. (a) On finding that a respondent engaged in an unlawful intentional employment practice as alleged in a complaint, a court may, as provided by this section, award: (1) compensatory damages; and (2) punitive damages. (b) A complainant may recover punitive damages against a respondent, other than a respondent that is a governmental entity, if the complainant demonstrates that the respondent engaged in a discriminatory practice with malice or with reckless indifference to the state-protected rights of an aggrieved individual. (c) Compensatory damages awarded under this section may not include: (1) back pay; (2) interest on back pay; or (3) other relief authorized under Section 21.258(b). (d) The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages awarded under this section may not exceed, for each complainant: (1) $50,000 in the case of a respondent that has fewer than 101 employees; (2) $100,000 in the case of a respondent that has more than 100 and fewer than 201 employees; (3) $200,000 in the case of a respondent that has more than 200 and fewer than 501 employees; and (4) $300,000 in the case of a respondent that has more than 500 employees. (e) For the purposes of Subsection (d), in determining the number of employees of a respondent, the requisite number of employees must be employed by the respondent for each of 20 or more calendar weeks in the current or preceding calendar year. Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(b), eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 872, Sec. 13, eff. Sept. 1, 1999.