74 Fair empl.prac.cas. (Bna) 160, 70 Empl. Prac. Dec. P 44,760 Mitzi Baker, Plaintiff-Appellee/cross-Appellant v. Marvin T. Runyon, Postmaster Gen. of the United States, Defendant-Appellant/cross-Appellee, 114 F.3d 668 (7th Cir. 1997). · Go Syfert
74 Fair empl.prac.cas. (Bna) 160, 70 Empl. Prac. Dec. P 44,760 Mitzi Baker, Plaintiff-Appellee/cross-Appellant v. Marvin T. Runyon, Postmaster Gen. of the United States, Defendant-Appellant/cross-Appellee, 114 F.3d 668 (7th Cir. 1997). Cases Citing This Book View Copy Cite
79 citation events (47 in the last 25 years) across 29 distinct courts.
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Leonard v. Shulkin
N.D. Ill. · 2025 · quote attribution · 1 verbatim quote · confidence high
congress, in enacting section 1981a, exempted all government agencies from title vii's punitive damage provision, with no articulated exceptions.
discussed Cited as authority (verbatim quote) Verax Biomedical Inc. v. American National Red Cross (2×) also: Cited as authority (rule)
D. Mass. · 2024 · quote attribution · 1 verbatim quote · confidence high
the postal service may be run in a manner similar to a private commercial entity, but it is not a private commercial entity.
discussed Cited as authority (rule) Fiscel-Shively v. Logansport State Hospital
N.D. Ind. · 2024 · confidence medium
Under Title VII, a plaintiff cannot recover punitive damages if the defendant is “a government, government agency or political subdivision.” 42 U.S.C. § 1981a(b)(1); see Passananti v. Cook Cnty., 689 F.3d 655, 677 (7th Cir. 2012); Baker v. Runyon, 114 F.3d 668, 669 (7th Cir. 1997).
discussed Cited as authority (rule) Mitchell v. United States Postal Service
D. Kan. · 2024 · confidence medium
See 42 U.S.C. § 1981a(b)(1) (employment discrimination plaintiff may not recover punitive damages against government); see also Garity v. Brennan, 845 F. App’x 664 , 665 (9th Cir. 2021); Baker v. Runyon, 114 F.3d 668, 671 (7th Cir. 1997).
discussed Cited as authority (rule) Seals v. Wayne, County of (2×) also: Cited "see, e.g."
E.D. Mich. · 2023 · confidence medium
Thus, the Supreme Court explained that “punitive damages, when awarded against governmental entities, do not serve their intended deterrent purpose.” Baker v. Runyon, 114 F.3d 668, 672 (7th Cir. 1997) (emphasis added); see also Barnier v. Sxentmiklosi, 810 F.2d 594 , 598 (6th Cir. 1987) (Explaining that the “well-reasoned majority view” in City of Newport “prohibits courts from imposing punitive damages on a governmental body for the act of one of its agents or employees.”) As such, the rationale of City of Newport extends beyond just counties and municipalities.
discussed Cited as authority (rule) Cable v. Kuraray America, Inc
N.D. Ind. · 2023 · confidence medium
Mr. Cable says he is seeking damages “to discourage [KAI and MonoSol] from engaging in discriminatory or retaliatory treatment of myself or any similarly situated person in the future.” This is construed as a reference to punitive damages, which can be used to send a message and deter future similar discrimination, see Baker v. Runyon, 114 F.3d 668, 669 (7th Cir. 1997); Kemezy v. Peters, 79 F.3d 33, 34 (7th Cir. 1996), or that analysis related to his discrimination claims.
discussed Cited as authority (rule) Katrina M. Bridges
Bankr. S.D. Ill. · 2020 · confidence medium
The Court need look no further, as “the plain language of a statute is the most reliable indicator of congressional intent.” Baker v. Runyon, 114 F.3d 668, 670 (7th Cir. 1997), cert. denied, Baker v. Henderson, 525 U.S. 929 (1998) (citing Time Warner Cable v. Doyle, 66 F.3d 867, 876 (7th Cir. 1995), cert. denied, Doyle v. Time Warner Cable, 516 U.S. 1141 (1996)).
cited Cited as authority (rule) Murillo v. Kittelson
D. Neb. · 2020 · confidence medium
See Robinson v. Runyon, 149 F.3d 507, 516 (6th Cir.1998); Baker v. Runyon, 114 F.3d 668, 671-72 (7th Cir. 1997); Bunda v. Potter, 369 F. Supp. 2d 1039, 1049 (N.D.
discussed Cited as authority (rule) Haymon v. Metra
N.D. Ill. · 2020 · confidence medium
See, e.g., Barnes v. Gorman, 536 U.S. 181, 189 (2002); City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 270-71 (1981); Baker v. Runyon, 114 F.3d 668, 671 (7th Cir. 1997); Espinueva v. Garrett, 895 F.2d 1164, 1165 (7th Cir. 1990);.
cited Cited as authority (rule) Jimmy Davis v. U.S. Postmaster General
3rd Cir. · 2019 · confidence medium
See, e.g., Robinson v. Runyon, 149 F.3d 507, 516 (6th Cir. 1998); Baker v. Runyon, 114 F.3d 668, 670-71 (7th Cir. 1997). 4
cited Cited as authority (rule) Avila v. Board of Regents of University of Wisconsin System
E.D. Wis. · 2015 · confidence medium
Dep’t of Natural Res., 347 F.3d 1014, 1031 (7th Cir.2003); Baker v. Runyon, 114 F.3d 668, 669-70 (7th Cir.1997) (interpreting § 1981a(b)(1) to broadly include all government agencies).
cited Cited as authority (rule) United States Ex Rel. Shupe v. Cisco Systems, Inc.
5th Cir. · 2014 · confidence medium
It nevertheless is ‘operated as a basic and fundamental service provided to the people by the Government of the United States.’ ”) (quoting Baker v. Runyon, 114 F.3d 668, 672 (7th Cir.1997)).
discussed Cited as authority (rule) In Re South Beach Securities, Inc.
Bankr. N.D. Ill. · 2007 · confidence medium
With no claim of facial ambiguity and no legislative history supporting South Beach’s argument, “the plain language is the most reliable indicator of congressional intent.” Baker v. Runyon, 114 F.3d 668, 670 (7th Cir.1997) (internal quotation omitted).
discussed Cited as authority (rule) In Re Barrett
Bankr. S.D. Ill. · 2007 · confidence medium
When interpreting a statute, “ ‘the plain language of a statute is the most reliable indicator of congressional intent.’ ” Baker v. Runyon, 114 F.3d 668, 670 (7th Cir.1997) (citing Time Warner Cable v. Doyle, 66 F.3d 867, 876 (7th Cir.1995), cert. denied, Doyle v. Time Warner Cable, 516 U.S. 1141 , 116 S.Ct. 974 , 133 L.Ed.2d 894 (1996)).
cited Cited as authority (rule) In Re Farrar-Johnson
Bankr. N.D. Ill. · 2006 · confidence medium
The plain language of a statute is the “most reliable indicator of congressional intent.” Baker v. Runyon, 114 F.3d 668, 670 (7th Cir.1997) (internal quotation omitted).
discussed Cited as authority (rule) Harrell, Rodney v. USPS
7th Cir. · 2006 · confidence medium
Indeed, Congress has provided that the Postal Service “is 16 No. 03-4204 part of the executive branch of government, that its employ- ees are part of the federal civil service, and that it possesses certain powers unique to governmental entities, such as the authority to exercise the power of eminent domain in the name of the United States.” Baker v. Runyon, 114 F.3d 668, 670-71 (7th Cir. 1997) (citing 39 U.S.C. §§ 201 , 1001(b) & 401(9)).
discussed Cited as authority (rule) Rodney Harrell v. United States Postal Service
7th Cir. · 2006 · confidence medium
Indeed, Congress has provided that the Postal Service “is part of the executive branch of government, that its employees are part of the federal civil service, and that it possesses certain powers unique to governmental entities, such *922 as the authority to exercise the power of eminent domain in the name of the United States.” Baker v. Runyon, 114 F.3d 668, 670-71 (7th Cir.1997) (citing 39 U.S.C. §§ 201 , 1001(b) & 401(9)).
discussed Cited as authority (rule) Oakstone v. Postmaster General (2×) also: Cited "see"
D. Me. · 2005 · confidence medium
Baker v. Runyon, 114 F.3d 668, 670 (7th Cir.1997), cert. denied, 525 U.S. 929 , 119 S.Ct. 335 , 142 L.Ed.2d 277 (1998)(no punitive damages against the Postal Service in Title VII action); Robinson v. Runyon, 149 F.3d 507, 517 (6th Cir.1998)(Postal Service is “unequivocally” a government agency under Title VII); Mathirampuzha v. Potter, 371 F.Supp.2d 159, 163 (D.Conn.2005); McMahon v. Henderson, Nos. 00-351, 00-485, 2001 U.S. Dist.
discussed Cited as authority (rule) Rodney Harrell v. United States Postal Service
7th Cir. · 2005 · confidence medium
Indeed, Congress has provided that the Postal Service “is part of the executive branch of government, that its employees are part of the federal civil service, and that it possesses certain powers unique to governmental entities, such as the authority to exercise the power of eminent domain in the name of the United States.” Baker v. Runyon, 114 F.3d 668, 670-71 (7th Cir.1997) (citing 39 U.S.C. §§ 201 , 1001(b) & 401(9)).
discussed Cited as authority (rule) Harrell, Rodney v. USPS
7th Cir. · 2005 · confidence medium
Indeed, Congress has provided that the Postal Service “is part of the executive branch of government, that its employ- ees are part of the federal civil service, and that it possesses certain powers unique to governmental entities, such as the authority to exercise the power of eminent domain in the name of the United States.” Baker v. Runyon, 114 F.3d 668, 670-71 (7th Cir. 1997) (citing 39 U.S.C. §§ 201 , 1001(b) & 401(9)).
discussed Cited as authority (rule) Peterson v. Brownlee
D. Kan. · 2004 · confidence medium
Terry v. Ashcroft, 336 F.3d 128, 153 (2d Cir.2003) (affirming district court’s dismissal of demand for punitive damages against federal agencies, departments and officials); Robinson v. Runyon, 149 F.3d 507, 516 (6th Cir.1998) (holding that the postal service, as a government agency for purposes of Title VII, was exempt from punitive damages); Baker v. Runyon, 114 F.3d 668, 669 (7th Cir.1997) (same).
discussed Cited as authority (rule) United States v. Cushman & Wakefield, Inc.
N.D. Tex. · 2002 · confidence medium
Reply to Strike at 2, citing Baker v. Runyon, 114 F.3d 668, 672 (7th Cir.1997) (“Although the Postal Service is a ‘self-funding’ entity, this is not to say that it is divorced from the United States Treasury.
discussed Cited as authority (rule) Nelson v. United States Postal Service
W.D. Va. · 2002 · confidence medium
This finding was supported by the Seventh Circuit’s decision in Baker v. Runyon, 114 F.3d 668, 670-71 (7th Cir.1997), in which it stated the following: The Postal Service may be run in a manner similar to a private entity, but it is not a private commercial entity....
discussed Cited as authority (rule) Mukaida v. Hawaii
D. Haw. · 2001 · confidence medium
The amendment however specifically exempted governments, government agencies and political subdivisions”); Baker v. Runyon, 114 F.3d 668, 669 (7th Cir.1997) ("As codified at 42 U.S.C. § 1981a(b)(l), Title VII provides that parties may recover punitive damages against a respondent (other than a government, government agency or political subdivision)”) (internal quotation omitted), cert. denied, 525 U.S. 929 , 119 S.Ct. 335 , 142 L.Ed.2d 277 (1998); Erickson v. West, 876 F.Supp. 239, 244 (D.Haw.1995) ("punitive damages against the federal government are not allowed under either the old or n…
discussed Cited as authority (rule) Oden v. Oktibbeha County MS (2×)
5th Cir. · 2001 · confidence medium
See 42 U.S.C. 1981a(b); Baker v. Runyon, 114 F.3d 668, 669 (7th Cir. 1997), cert. denied, 119 S.Ct. 335 (1998). 19 Oden does not dispute the applicability of 1981a to the Sheriff in his official capacity.
discussed Cited as authority (rule) Cleaves v. City of Chicago
N.D. Ill. · 1999 · confidence medium
Title VII provides that parties may recover punitive damages “against a respondent (other than a government, government agency or political subdivision).” Baker v. Runyon, 114 F.3d 668, 669 (7th Cir., 1997) (quoting 42 U.S.C.
cited Cited as authority (rule) Luttrell v. Runyon
D. Kan. · 1998 · confidence medium
Baker v. Runyon, 114 F.3d 668, 670-71 (7th Cir.1997); see also, Cleveland v. Runyon, 972 F.Supp. 1326 (D.Nev.1997) (USPS is a “government agency” for purposes of Title VII).
discussed Cited as authority (rule) John Westley Wilson v. United States
7th Cir. · 1998 · confidence medium
It is a well-established principle that ‘“[c]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there.’ ” Baker v. Runyon, 114 F.3d 668, 670 (7th Cir.1997) (emphasis added) (quoting Connecticut Nat’l Bank v. Germain, 503 U.S. 249, 253-54 , 112 S.Ct. 1146, 1149-50 , 117 L.Ed.2d 391 (1992)); see also Morse v. Republican Party of Virginia, — U.S.-,-n. 18, 116 S.Ct. 1186 , 1234 n. 18, 134 L.Ed.2d 347 (1996) (Thomas, J., dissenting) (‘We are not free to construe statutes by wondering about what Congress ‘would have wanted to ena…
discussed Cited as authority (rule) Jense v. Runyon
D. Utah · 1998 · confidence medium
This argument was specifically considered and rejected by the Baker court. ‘While this court, as well as the Supreme Court, has recognized the quasicommerical nature of the Postal Service on several prior occasions ... neither court has ever held that the Postal Service is anything other than a federal agency.” Baker, 114 F.3d at 670 (internal citations omitted).
discussed Cited as authority (rule) Heather Smith v. Metropolitan School District Perry Township (2×)
7th Cir. · 1997 · confidence medium
Of course, as the majority opinion makes plain, the clearest indicator of congressional intent is the plain language of the statute itself, and Title IX does not even refer to "agents" in the definition of "program or activity" (in contrast with Title VII's definition of "employer," which does include such terminology). 4 It is well-established that "courts must presume that a legislature says in a statute what it means and means in a statute what it says there." Baker v. Runyon, 114 F.3d 668, 670 (7th Cir.1997) (emphasis added) (quoting Connecticut National Bank v. Germain, 503 U.S. 249, 253-…
discussed Cited as authority (rule) Smith v. Metropolitan School District Perry Township
7th Cir. · 1997 · confidence medium
Of course, as the majority opinion makes plain, the clearest indicator of congressional intent is the plain language of the statute itself, and Title IX does not even refer to “agents” in the definition of “program or activity” (in contrast with Title VII’s definition of “employer,” which does include such terminology). 4 It is well-established that “courts must presume that a legislature says in a statute what it means and means in a statute what it says there.” Baker v. Runyon, 114 F.3d 668, 670 (7th Cir.1997) (emphasis added) (quoting Connecticut National Bank v. Germain, …
discussed Cited "see" Rios-Collins v. Nicholson (2×)
Vet. App. · 2006 · signal: see · confidence high
See Baker v. Runyon, 114 F.3d 668 (7th Cir. 1997) (stating that the USPS is a government agency).
cited Cited "see" Reinee Hildebrandt v. Illinois Department of Natural Resources and Richard Little
7th Cir. · 2003 · signal: see · confidence high
See Baker v. Runyon, 114 F.3d 668 (7th Cir.1997).
cited Cited "see" Hildebrandt, Reinee v. IL Dept Natural
7th Cir. · 2003 · signal: see · confidence high
See Baker v. Runyon, 114 F.3d 668 (7th Cir. 1997).
discussed Cited "see" Prudential Insurance Co. of America v. United States Gypsum Co.
D.N.J. · 2001 · signal: see · confidence high
See Baker v. Runyon, 114 F.3d 668, 670-71 (7th Cir.1997) (“Congress may have vested the Postal Service with significant powers in order to increase its independence and autonomy, but it also provided that the Postal Service is part of the executive branch of government ....”) [internal cites omitted].
cited Cited "see" Harrington v. AMERICAN NAT. RED CROSS ST. LOUIS
E.D. Mo. · 1999 · signal: see · confidence high
See Baker v. Runyon, 114 F.3d 668 (7th Cir.1997); Miller v. Runyon, 932 F.Supp. 276 (M.D.Ala.1996).
examined Cited "see" Aleia L. Robinson v. Marvin T. Runyon, Postmaster General, United States Postal Service (7×) also: Cited "see, e.g."
6th Cir. · 1998 · signal: see · confidence high
See Baker v. Runyon, 114 F.3d 668, 670 (7th Cir.1997).
discussed Cited "see" Champagne v. USPS (2×)
D.N.H. · 1998 · signal: see · confidence high
See Baker, supra, 114 F.3d 668 passim.
discussed Cited "see, e.g." VanHorn v. United States Postal Service
D. Kan. · 2022 · signal: see also · confidence medium
Garity v. Brennan, 845 F. App’x 664 , 665 (9th Cir. 2021) (affirming district court decision denying punitive damages in Title VII and Rehabilitation Act suit against U.S. Postal Service “because punitive damages are not recoverable” in such a suit); see also Baker v. Runyon, 114 F.3d 668, 671 (7th Cir. 1997) (recognizing that Congress has waived the U.S. Postal Service’s sovereign immunity from suit but hasn’t waived the U.S. Postal Service’s sovereign immunity from punitive damages).
discussed Cited "see, e.g." Mathirampuzha v. Potter
D. Conn. · 2005 · signal: see also · confidence medium
Robinson, 149 F.3d at 516 ; see also Baker, 114 F.3d at 670 (“While [the Sixth Circuit], as well as the Supreme Court, has recognized the quasi-commercial nature of the Postal Service on several prior occasions, ... neither court has ever held that the Postal Service is anything other than a federal agency” for punitive damages purposes); Boenig, 2005 WL 736822 at *6-7; Matos v. Runyon, No. 3:95cv2012 (AWT), 1998 WL 229839 at *5 (D.Conn.
cited Cited "see, e.g." Garrison v. Johnson
D. Me. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Roy v. Runyon, 954 F.Supp. 368, 382 (D.Me.1997), contra Baker v. Runyon, 114 F.3d 668, 669 (7th Cir.1997); Ausfeldt v. Runyon, 950 F.Supp. 478, 488 (N.D.N.Y.1997).
cited Cited "see, e.g." Miraki v. Chicago State University
N.D. Ill. · 2003 · signal: see, e.g. · confidence low
See, e.g., Baker v. Runyon, 114 F.3d 668 (7th Cir.1997) (reversing award of Title VII punitive damages against United States Post Office).
discussed Cited "see, e.g." Prudencio v. Runyon
W.D. Va. · 1998 · signal: compare · confidence low
Compare, Baker v. Runyon, 114 F.3d 668 (7th Cir.1997) (Post Office *707 is exempt as “government agency”); Miller v. Runyon, 932 F.Supp. 276 (M.D.Ala.1996) (same); Jense v. Runyon, 990 F.Supp. 1320 , 1998 WL 21878 (D.Utah 1998) (same); Cleveland v. Runyon, 972 F.Supp. 1326 (D.Nev.1997) (same); Ausfeldt v. Runyon, 950 F.Supp. 478 (N.D.N.Y.1997) (same); Griffin v. Runyon, 1997 WL 359972 (N.D.Ill.1997) (same); Tuers v. Runyon, 950 F.Supp. 284 (E.D.Cal.1996) (same); Roy v. Runyon, 954 F.Supp. 368 (D.Me.1997) (punitive damages may be recovered against U.S.P.S.).
Retrieving the full opinion text from the archive…
74 Fair empl.prac.cas. (Bna) 160, 70 Empl. Prac. Dec. P 44,760 Mitzi Baker, Plaintiff-Appellee/cross-Appellant
v.
Marvin T. Runyon, Postmaster General of the United States, Defendant-Appellant/cross-Appellee
96-3307.
Court of Appeals for the Seventh Circuit.
Jun 12, 1997.
114 F.3d 668
Published

114 F.3d 668

74 Fair Empl.Prac.Cas. (BNA) 160,
70 Empl. Prac. Dec. P 44,760
Mitzi BAKER, Plaintiff-Appellee/Cross-Appellant,
v.
Marvin T. RUNYON, Postmaster General of the United States,
Defendant-Appellant/Cross-Appellee.

Nos. 96-3307, 96-3514.

United States Court of Appeals,
Seventh Circuit.

Argued April 11, 1997.
Decided June 12, 1997.

Stanley L. Hill, Robert D. Whitfield (argued), Hill & Associates, Chicago, IL, for Plaintiff-Appellee.

Joseph M. Ferguson, Office of the United States Attorney, Civil Division, Appellate Section, Matthew M. Collette (argued), Marleigh D. Dover, Department of Justice, Civil Division, Appellate Section, Washington, DC, Thomas P. Walsh, Office of the United States Attorney, Civil Division, Chicago, IL, for Defendant-Appellant.

Before CUDAHY, FLAUM, and ROVNER, Circuit Judges.

FLAUM, Circuit Judge.

[*~668]1

Plaintiff-appellee Mitzi Baker brought suit under Title VII of the Civil Rights Act of 1964, as amended in 1991 ("the Act"), seeking both compensatory and punitive damages for sexual harassment she allegedly suffered while employed by the United States Postal Service. Defendant-appellant Marvin T. Runyon, the Postmaster General of the United States, moved to strike Baker's claim for punitive damages on the ground that the United States Postal Service is a government agency and is therefore exempt from punitive damages under Title VII. As codified at 42 U.S.C. § 1981a(b)(1), Title VII provides that parties may recover punitive damages "against a respondent (other than a government, government agency or political subdivision) ...." (emphasis added). The issue presented by this case, then, is whether the Postal Service is a "government agency" for purposes of section 1981a. The district court concluded that the Postal Service was not. Challenging this determination, the Postmaster General brings this appeal. Because we conclude that the Postal Service is a government agency for purposes of section 1981a, we reverse the judgment of the district court awarding Baker punitive damages.[1]

I.

[*~669]2

Congress, in enacting section 1981a, exempted all government agencies from the Act's punitive damage provision, with no articulated exceptions. Because Baker has conceded that the Postal Service is a "government agency," there would therefore appear to be little for this court to decide. Not surprisingly, Baker does not view this case as quite that simple. It is her contention, a view shared by the district court, that it can be inferred from Congress' historical treatment of the Postal Service as a quasi-commercial entity, from Congress' waiver of the Service's sovereign immunity, and from the legislative history of the Civil Rights Act of 1991, that Congress did not intend to exempt the Postal Service from punitive damages. We cannot agree that this is an appropriate inference to draw.

3

Baker faces an uphill battle in arguing that Congress intended to subject the Postal Service to punitive damages. She is asking this court to read into the Act an exception to Congress' blanket exemption, despite the absence of any textual support for such an exclusion, because, according to Baker, this is what Congress intended. It is, however, axiomatic that "the plain language of a statute is the most reliable indicator of congressional intent." Time Warner Cable v. Doyle, 66 F.3d 867, 876 (7th Cir.1995), cert. denied, Doyle v. Time Warner Cable, --- U.S. ----, 116 S.Ct. 974, 133 L.Ed.2d 894 (1996); see also Director, OWCP v. Forsyth Energy, Inc., 666 F.2d 1104, 1107 (7th Cir.1981). "[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there." Connecticut Nat'l Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 1149, 117 L.Ed.2d 391 (1992). We therefore presume that Congress would have said that all government agencies, except the Postal Service, are exempt from punitive damages, if this is what it intended.

4

This presumption that a statute means what it says is a difficult one to overcome. When the words of a statute are unambiguous, ordinarily the "judicial inquiry is complete." Id. at 254, 112 S.Ct. at 1149-50; see also In the Matter of Lifschultz Fast Freight Corp., 63 F.3d 621, 628 (7th Cir.1995) (plain language of statute ordinarily conclusive). "The statutory language should be conclusive except in the rare cases in which the literal application of a statute will produce a result demonstrably at odds with the intentions of its drafters ... [or] lead to absurd results...." Time Warner Cable, 66 F.3d at 876 (citation omitted); see also Grzan v. Charter Hosp. of Northwest Ind., 104 F.3d 116, 122 (7th Cir.1997) (legislative history of statute examined "only for the limited purpose of determining whether it reflects a clearly expressed legislative intent to the contrary"). This is not such a case. In mounting her attack on the plain meaning of section 1981a, Baker has produced no evidence of a clear intent by Congress to saddle the Postal Service, despite its governmental nature, with judgments for punitive damages. Nor has she demonstrated that exempting the Service from punitive damage awards is "demonstrably at odds" with the goals of Title VII. As discussed below, the inferences Baker would draw from the various statutes and excerpts of legislative history cannot counter section 1981a's clear language.

II.

[*670]5

We first address Baker's contention that Congress, because it intended the Postal Service to operate in a manner similar to a commercial entity, must have intended to subject the Service to punitive damages. We do not believe that it is possible to make the leap in logic Baker suggests. The Postal Service may be run in a manner similar to a private commercial entity, but it is not a private commercial entity. See Silver v. United States Postal Service, 951 F.2d 1033, 1035 (9th Cir.1991) ("Congress could not have made its intention more clear that the Postal Service was to remain a part of the U.S. Government and to perform executive branch functions within the government."); Friedlander v. United States Postal Service, 658 F.Supp. 95, 101 (D.D.C.1987) ("Congress did not intend to create a private business, rather, it desired a more efficient government agency."). While this court, as well as the Supreme Court, has recognized the quasi-commercial nature of the Postal Service on several prior occasions, see, e.g., Loeffler v. Frank, 486 U.S. 549, 556, 108 S.Ct. 1965, 1969-70, 100 L.Ed.2d 549 (1988); Standard Oil Div., Am. Oil Co. v. Starks, 528 F.2d 201, 203 (7th Cir.1975), neither court has ever held that the Postal Service is anything other than a federal agency, see, e.g., United States v. Bardsley, 884 F.2d 1024, 1027-28 (7th Cir.1989) (false statements made to Postal Service are false statements to government agency); McGuinness v. United States Postal Service, 744 F.2d 1318, 1322-23 (7th Cir.1984) (only proper defendant in Title VII suit is head of agency). Congress may have vested the Postal Service with significant powers in order to increase its independence and autonomy, see Standard Oil, 528 F.2d at 202-03 (listing powers granted to Postal Service), but it also provided that the Postal Service is part of the executive branch of government, that its employees are part of the federal civil service, and that it possesses certain powers unique to governmental entities, such as the authority to exercise the power of eminent domain in the name of the United States. See 39 U.S.C. §§ 201, 1001(b) & 401(9).

6

Contrary to the suggestion of appellee, it would be illogical to assume that Congress, because it granted the Postal Service considerable autonomy, intended to grant the agency the status of a private actor. Congress knows how to create entities and confer upon them non-governmental status when it is Congress' intention to do so. In establishing Amtrak and the Corporation for Public Broadcasting, for example, Congress explicitly provided that they were not agencies or establishments of the United States Government. See 47 U.S.C. § 396(b) (providing that Corporation for Public Broadcasting "will not be an agency or establishment of the United States Government"); 45 U.S.C. § 541 (providing that Amtrak "will not be an agency or establishment of the United States Government") (repealed). Because Congress lodged the Postal Service within the federal government, the more logical inference is that it did not intend to subject the agency to punitive damages.

7

Baker next points to Congress' waiver of the Postal Service's sovereign immunity to support her assertion that Congress intended to subject the Postal Service to punitive damages. As is true of many other federal agencies, the Postal Service's charter contains a "sue-and-be-sued" clause that permits the Postal Service to be sued. The presence of this clause, however, does little to advance Baker's argument. If anything, it supports the position of the Postmaster General. This waiver of sovereign immunity is necessary solely because the Postal Service is a government agency. See Western Securities Co. v. Derwinski, 937 F.2d 1276, 1280 (7th Cir.1991) ("The 'sue or be sued' clause ... operates as the necessary waiver of sovereign immunity, permitting the suit to go forward notwithstanding that it is a suit against a federal agency.") (emphasis added).

8

That Congress has waived the Postal Service's sovereign immunity does not answer the question of whether plaintiff is entitled to punitive damages under section 1981a. As the Supreme Court has explained, in determining whether an individual can recover damages against the federal government, there are "two analytically distinct inquiries." Federal Deposit Ins. Corp. v. Meyer, 510 U.S. 471, 484, 114 S.Ct. 996, 1004, 127 L.Ed.2d 308 (1994) (internal quotation omitted). "The first inquiry is whether there has been a waiver of sovereign immunity. If there has been such a waiver, as in this case, the second inquiry comes into play--that is, whether the source of substantive law upon which the claimant relies provides an avenue for relief." Id. The magistrate judge in the instant case appears to have conflated these distinct inquiries. Although Congress has waived the Postal Service's sovereign immunity, the substantive law relied upon by appellee in the instant case, Title VII, provides that punitive damages are not available against governmental entities. Baker is therefore back where she started, arguing that the Postal Service is subject to punitive damages, despite the fact that it is a government agency.

9

Lastly, Baker points to nothing in Title VII itself to suggest that exempting the Postal Service from punitive damages would be "demonstrably at odds" with the purposes of that statute or "lead to absurd results." See Time Warner Cable, 66 F.3d at 876. While we would agree with appellee that it is clear from the legislative history of the amendments to the Civil Rights Act that Congress intended to enact stricter measures to deter discrimination, we do not agree that this necessarily leads to the conclusion that Congress intended to subject the Postal Service to punitive damage awards. If anything, the legislative history supports the opposite conclusion, that it was Congress' intention to exempt all federal agencies from such awards. See 137 CONG. REC. S29023 (daily ed. Oct. 30, 1991) (statement of Sen. Kennedy) ("Clearly, it was our intent that the limitation on punitive damages would apply to Federal, State and local governments."); 137 CONG. REC. H9527 (daily ed. Nov. 7, 1991) (interpretive memorandum of Rep. Edwards) (The damage provision "reinforces the clear statutory intent that compensatory damages are available against federal, state and local governmental defendants to the same extent that they are available against private sector defendants; punitive damages are not.").

10

As the Supreme Court has explained, punitive damages, when awarded against governmental entities, do not serve their intended deterrent purpose. See City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 266-67, 101 S.Ct. 2748, 2759-60, 69 L.Ed.2d 616 (1981). "[A]n award of punitive damages against a [government agency] 'punishes' only the taxpayers, who took no part in the commission of the tort." Id. at 267, 101 S.Ct. at 2759. Such awards are "in effect a windfall to a fully compensated plaintiff, and are likely accompanied by an increase in taxes or a reduction of public services for the citizens footing the bill." Id. This rationale applies with equal force to the Postal Service. Although the Postal Service is a "self-funding" entity, this is not to say that it is divorced from the United States Treasury. The Postal Service is self-funding only in the sense that Congress has appropriated to it all of the Postal Service's own revenues. 39 U.S.C. § 2401(a). It nevertheless is "operated as a basic and fundamental service provided to the people by the Government of the United States ... and supported by the people." Id. at § 101(a). Even in areas in which post offices are not self-sustaining, postal service is guaranteed. Id. at § 101(b). Any deficiency in these revenues would require either increased postal costs, a reduction in postal services, or, instead of raising the costs of stamps, additional appropriations by Congress. See id. at § 2401(b) (listing appropriations, in addition to Postal Service revenues, required to operate Service in various years).

11

For the foregoing reasons, the judgment of the district court awarding Baker punitive damages is

[*~671]12

REVERSED.

1

In its order consolidating Baker's cross-appeal with the appeal of the Postmaster General, this court directed the parties to address whether Baker had established excusable neglect so as to permit her to bring her cross-appeal, despite its having been untimely filed. We need not consider this issue, however, because appellee has not argued the merits of her cross-appeal in her brief; these issues are deemed waived