; and (ii) not exceeding $100,000 for any subsequent violation. (3) Single violation For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the entity subject to this subtitle has engaged in more than one discriminatory act shall be counted as a single violation. (4) Punitive damages For purposes of paragraph (2)(B), the term monetary damages and such other relief does not include punitive damages. (5) Judicial consideration In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this Act by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for a reasonable accommodation for individuals who have not received a COVID–19 vaccine. 216. Effective date This subtitle shall become effective 90 days after the date of the enactment of this Act. C Nondiscrimination by a public entity and access to Federal services 221. Nondiscrimination by a public entity (a) In general Subject to the provisions of this subtitle, no qualified individual who has not received a COVID–19 vaccine shall, by reason of such vaccination status, including the qualified individual’s unwillingness or inability to present a vaccine passport or other proof of having a COVID–19 vaccine, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. (b) Right To vote shall not be impaired It shall be unlawful for any State or political subdivision, as such term is used in the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), to require or impose a requirement that a voter or voters must present a vaccine passport or otherwise present information regarding their