In the Civil Rights Act of1991 (1991 Act), [FOOTNOTE 1]Congress providedplaintiffs with a new remedy for intentional violations of Title VII ofthe Civil Rights Act of 1964 [FOOTNOTE 2]�punitive damages. [FOOTNOTE 3]The 1991 Act, however,did not define the standard for awards of punitive damages.

Most circuit courts heldthat a plaintiff was required to prove “egregious” conduct by theemployer, above and beyond the employer’s intent to violate Title VII, to recoverpunitive damages. [FOOTNOTE 4]In contrast, theSecond Circuit held that such a showing was not required; all that needbe shown was the employer’s intent to violate Title VII. [FOOTNOTE 5]

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