§ 12-19. Referral to office of administrative hearings—Remedies.

(a)

If the administrative law judge, in his or her recommended decision, finds that a Respondent has violated, is violating, or is about to violate any provision of this Ordinance, the administrative law judge may recommend such affirmative action as may be appropriate, including:

(1)

Injunctive relief as provided for in Rule 65 of the North Carolina Rules of Civil Procedure;

(2)

Compensatory damages;

(3)

Punitive damages;

(4)

Civil penalties for violations of Section 12-9; and

(5)

Any other relief as the administrative law judge deems appropriate.

(b)

Punitive damages against a respondent (other than a government, government agency or political subdivision) may be recommended by the administrative law judge only if the complaining party (or parties) demonstrate(s) that the Respondent engaged in a practice made unlawful under this Ordinance with malice or with reckless indifference to the protected rights of the Complainant.

(c)

In the case of a finding by the administrative law judge that the Respondent has committed an unfair employment practice, then the following provisions shall also apply:

(1)

The administrative law judge may recommend, in addition to any of the remedies set forth above, any one or more of the following:

a.

Reinstatement or hiring of an employee;

b.

Back pay; provided that it shall not accrue from a date more than two years prior to the filing of the complaint with the Commission; and provided further that interim earnings or amounts earnable with reasonable diligence by the person discriminated against shall operate to reduce the back pay otherwise allowable.

(2)

Compensatory damages shall not include backpay or interest on backpay.

(3)

The sum of the amount of compensatory damages allowed for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other pecuniary losses, and the amount of punitive damages awarded under this section shall not exceed, for each complaining party:

a.

In the case of a Respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000.00; and

b.

In the case of a Respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000.00; and

c.

In the case of a Respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000.00; and

d.

In the case of a Respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000.00.

(4)

In cases where an unlawful employment practice involves the provision of a reasonable accommodation, neither compensatory nor punitive damages may be awarded where the Respondent demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the Respondent's business.

(d)

In the case of a finding that the Respondent has committed, with malice or with reckless indifference to the protected rights of the Complainant, a violation of this Ordinance, then the following provisions shall also apply:

(1)

The amount of civil penalties awarded under this section shall not exceed, for each complaining party:

a.

In an amount not exceeding $10,000.00 if the Respondent has not been adjudged to have committed any prior unlawful discriminatory act;

b.

In an amount not exceeding $25,000.00 if the Respondent has been adjudged to have committed one other unlawful discriminatory acts during the five-year period ending on the date of the filing of the Complaint; or

c.

In an amount not exceeding $50,000.00 if the Respondent has been adjudged to have committed two or more unlawful discriminatory acts during the seven-year period ending on the date of the filing of the complaint.

If the act constituting an unlawful violation is committed by the same natural person who has been previously adjudged to have committed an act or acts constituting an unlawful discriminatory practice in violation of this Ordinance, then the punitive damages set forth above may be imposed without regard to the period of time within which any subsequent discriminatory practice or act occurred.

(Ord. of 8-3-1995, art. VIII, § 8.3.2, eff. 1-1-1995; Ord. of 8-3-1995, § 19)