Question: Which of the following provides the correct explanation of the CRA 1991? Victims of disparate treatment can claim either compensatory damage or punitive damage, not both. It made it easier for the plaintiffs to establish a prima facie case in disparate impact cases. The jury decides whether to allow plaintiffs to get a jury trial. In mixed motivation cases, the employers may avoid legal challenges by proving that they would have made the same decisions for other non-discriminatory reasons.