On May 8, 2024, Congress introduced the Equal Remedies Act of 2024, a groundbreaking piece of legislation aimed at eliminating statutory damage caps for employment discrimination and civil rights cases, specifically under Title VII and the Americans with Disabilities Act (ADA). Additionally, this proposed legislation seeks to revise the Age Discrimination in Employment Act (ADEA) to allow employees who have faced age discrimination to pursue compensatory and punitive damages, a relief currently unavailable under the ADEA.

Key Provisions of the Equal Remedies Act of 2024

  1. Elimination of Statutory Damage Caps: The most significant change proposed by the Equal Remedies Act of 2024 is the removal of statutory damage caps in Title VII and ADA cases. This change would allow for unlimited compensatory and punitive damages in cases of employment discrimination, thereby providing greater remedies for affected employees.
  2. Revision of the ADEA: The Act also proposes a crucial update to the ADEA, allowing employees who have been subjected to age discrimination to seek compensatory and punitive damages. This would align the ADEA with other anti-discrimination laws, offering a more comprehensive remedy for age discrimination victims.

Historical Context and Legislative Background

The Equal Remedies Act of 2024 marks the first significant legislative effort in nearly two decades to address and revise statutory damage caps in employment discrimination cases. In 2007, former Senator Ted Kennedy introduced the Equal Remedies Act of 2007, which aimed to eliminate damage caps under Title VII and the ADA. This earlier bill garnered support from several prominent senators, including Patty Murray, Maria Cantwell, and former senators Hillary Clinton and Barack Obama.

Despite the strong backing, the 2007 bill did not pass, leaving the statutory damage caps in place. The introduction of the Equal Remedies Act of 2024 signifies renewed efforts to provide more robust legal remedies for employees facing discrimination.

Implications for Employees and Employers

If passed, the Equal Remedies Act of 2024 would represent a monumental shift in employment law, offering enhanced protections and remedies for employees. Here are some key implications:

  1. Increased Legal Remedies: Employees who suffer discrimination would have access to greater compensatory and punitive damages, which could lead to more substantial financial recoveries and serve as a stronger deterrent against discriminatory practices.
  2. Employer Accountability: Employers would face greater financial risks in discrimination lawsuits, encouraging them to adopt more rigorous anti-discrimination policies and practices to avoid potential litigation.
  3. Enhanced Fairness and Equity: By aligning the ADEA with other anti-discrimination laws, the Act would ensure that all forms of discrimination are addressed with equal seriousness, promoting fairness and equity in the workplace.


The Equal Remedies Act of 2024 has the potential to be a transformative piece of legislation, providing significant and increased remedies for employees facing discrimination. At Mark J Berkowitz – employment attorney in Fort Lauderdale, Florida, we will closely monitor the progress of this bill and its implications for both employees and employers. This legislation underscores the importance of robust legal protections in fostering a fair and inclusive workplace.

For further information on how the Equal Remedies Act of 2024 might affect your rights or responsibilities or to discuss any employment law concerns, please feel free to contact our office at (954) 527-0570 or visit our website.