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| Discrimination | Civil Rights Act of 1991 |
| Age Discrimination |
An Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, This Act may be cited as the "Civil Rights Act of 1991". FINDINGS
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Federal Sector EEOC
American with Disabilities Act
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The Congress finds that- (2) the decision of the Supreme Court in Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989) has weakened the scope and effectiveness of Federal civil rights protections; and
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PURPOSES SEC. 3 [42 U.S.C. 1981 note]
The purposes of this Act are-
(1) to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace;
(2) to codify the concepts of "business necessity" and "job related" enunciated by the Supreme Court in Griggs v. Duke
Power Co., 401 U.S. 424 (1971), and in the other Supreme Court decisions prior to Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989);
(3) to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and
(4) to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide
adequate protection to victims of discrimination.
TITLE I - FEDERAL CIVIL RIGHTS REMEDIES
PROHIBITION AGAINST ALL RACIAL DISCRIMINATION IN THE MAKING
AND ENFORCEMENT OF CONTRACTS
SEC. 101
Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended-
(1) by inserting "(a)" before "All persons
within"; and
(2) by adding at the end the following new subsections:
"(b) For purposes of this section, the term 'make and enforce
contracts' includes the making, performance, modification, and termination
of contracts, and the enjoyment of all benefits, privileges, terms, and
conditions of the contractual relationship.
"(c) The rights protected by this section are protected
against impairment by nongovernmental discrimination and impairment under
color of State law."
DAMAGES IN CASES OF INTENTIONAL DISCRIMINATION
SEC. 102
The Revised Statutes are amended by inserting after section 1977 (42
U.S.C. 1981) the following new section:
"SEC. 1977A. DAMAGES IN CASES OF INTENTIONAL DISCRIMINATION IN
EMPLOYMENT. [42 U.S.C. 1981a]
"(a) Right of Recovery. -
"(1) Civil Rights. - In an action brought by a complaining
party under section 706 or 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-5) against a respondent who engaged in unlawful intentional
discrimination (not an employment practice that is unlawful because of its
disparate impact) prohibited under section 703, 704, or 717 of the Act (42
U.S.C. 2000e-2 or 2000e-3), and provided that the complaining party cannot
recover under section 1977 of the Revised Statutes (42 U.S.C. 1981), the
complaining party may recover compensatory and punitive damages as allowed
in subsection (b), in addition to any relief authorized by section 706(g)
of the Civil Rights Act of 1964, from the respondent.
"(2) Disability. - In an action brought by a complaining party
under the powers, remedies, and procedures set forth in section 706 or 717
of the Civil Rights Act of 1964 (as provided in section 107(a) of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12117 (a)), and section
505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)),
respectively) against a respondent who engaged in unlawful intentional
discrimination (not an employment practice that is unlawful because of its
disparate impact) under section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791) and the regulations implementing section 501, or who violated
the requirements of section 501 of the Act or the regulations implementing
section 501 concerning the provision of a reasonable accommodation, or
section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12112), or committed a violation of section 102(b)(5) of the Act, against
an individual, the complaining party may recover compensatory and punitive
damages as allowed in subsection (b), in addition to any relief authorized
by section 706(g) of the Civil Rights Act of 1964, from the respondent.
"(3) Reasonable Accommodation and Good Faith Effort. - In
cases where a discriminatory practice involves the provision of a
reasonable accommodation pursuant to section 102(b)(5) of the Americans
with Disabilities Act of 1990 or regulations implementing section 501 of
the Rehabilitation Act of 1973, damages may not be awarded under this
section where the covered entity 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 business.
"(b) Compensatory and Punitive Damages. -
"(1) Determination of punitive damages. - A complaining party
may recover punitive damages under this section against a respondent
(other than a government, government agency or political subdivision) if
the complaining party demonstrates that the respondent engaged in a
discriminatory practice or discriminatory practices with malice or with
reckless indifference to the federally protected rights of an aggrieved
individual.
"(2) Exclusions from compensatory damages. - Compensatory
damages awarded under this section shall not include backpay, interest on
backpay, or any other type of relief authorized under section 706(g) of
the Civil Rights Act of 1964.
"(3) Limitations. - The sum of the amount of compensatory
damages awarded under this section for future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life,
and other nonpecuniary 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;
"(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; 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; 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.
"(4) Construction. - Nothing in this section shall be
construed to limit the scope of, or the relief available under, section
1977 of the Revised Statutes (42 U.S.C. 1981).
"(c) Jury Trial. - If a complaining party seeks compensatory or
punitive damages under this section -
"(1) any party may demand a trial by jury; and
"(2) the court shall not inform the jury of the limitations
described in subsection (b)(3).
"(d) Definitions. - As used in this section:
"(1) Complaining party. - The term 'complaining party' means -
"(A) in the case of a person seeking to bring an action under
subsection (a)(1), the Equal Employment Opportunity Commission, the
Attorney General, or a person who may bring an action or proceeding under
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or
"(B) in the case of a person seeking to bring an action under
subsection (a)(2), the Equal Employment Opportunity Commission, the
Attorney General, a person who may bring an action or proceeding under
section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C.
794a(a)(1)), or a person who may bring an action or proceeding under title
I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
"(2) Discriminatory practice. - The term 'discriminatory
practice' means the discrimination described in paragraph (1), or the
discrimination or the violation described in paragraph (2), of subsection
(a).
ATTORNEY'S FEES
[This section amends section 722 of the Revised Statutes (42
U.S.C. 1988) by adding a reference to section 102 of the Civil Rights Act
of 1991 to the list of civil rights actions in which reasonable attorney's
fees may be awarded to the prevailing party, other than the United
States.]
SEC. 103
The last sentence of section 722 of the Revised Statutes (42 U.S.C. 1988)
is amended by inserting ",1977A" after "1977".
DEFINITIONS
SEC. 104
[This section amends section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e) by adding the following new subsections: (l)
"complaining party," (m) "demonstrates," and (n)
"respondent".]
BURDEN OF PROOF IN DISPARATE IMPACT CASES
SEC. 105
(a) [This subsection amends section 703 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-2) by adding a new subsection (k), on the burden of proof
in disparate impact cases.]
(b) No statements other than the interpretive memorandum appearing at
Vol. 137 Congressional Record S 15276 (daily ed. Oct. 25, 1991) shall be
considered legislative history of, or relied upon in any way as
legislative history in construing or applying, any provision of this Act
that relates to Wards Cove - Business necessity/ cumulation/alternative
business practice. [42 U.S.C. 1981 note]
PROHIBITION AGAINST DISCRIMINATORY USE OF TEST SCORES
SEC. 106
[This section amends section 703 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-2) by adding a new subsection (l), on the prohibition against
discriminatory use of test scores.]
CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
CONSIDERATION OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN IN
EMPLOYMENT PRACTICES
SEC. 107
(a) In general. [This subsection amends section 703 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2) by adding a new subsection (m), clarifying
the prohibition against consideration of race, color, religion, sex, or
national origin in employment practices.]
(b) Enforcement provisions. [This subsection amends section 706(g)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)) by renumbering
existing subsection (g), and adding at the end a new subparagraph (B) to
provide a limitation on available relief in "mixed motive" cases
(where the employer demonstrates it would have made the same decision in
the absence of discrimination).]
FACILITATING PROMPT AND ORDERLY RESOLUTION OF CHALLENGES
TO EMPLOYMENT PRACTICES IMPLEMENTING LITIGATED OR CONSENT JUDGMENTS OR
ORDERS
SEC. 108
[This section amends section 703 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-2) by adding a new subsection (n), on the resolution of
challenges to employment practices implementing litigated or consent
judgments or orders.]
PROTECTION OF EXTRATERRITORIAL EMPLOYMENT
SEC. 109
(a) Definition of Employee. [This subsection amends the definition of
"employee" in section 701(f) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(f)) and section 101(4) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12111(4)) by adding a sentence to the end of each
definition to include U.S. citizens employed abroad within the laws'
protections.]
(b) Exemption. [This subsection amends section 702 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-1) by adding new subsections (b) (on
compliance with the statute if violative of foreign law) and (c) (on the
control of a corporation incorporated in a foreign country). This
subsection similarly amends section 102 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12112) by relettering the existing subsections and
adding a new subsection (c) "Covered Entities in Foreign
Countries."]
(c) Application of Amendments. - The amendments made by this section
shall not apply with respect to conduct occurring before the date of the
enactment of this Act. [42 U.S.C. 2000e note]
TECHNICAL ASSISTANCE TRAINING INSTITUTE
SEC. 110
(a) Technical Assistance. [This subsection amends section 705 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4) by adding a new subsection
(j), establishing the Technical Assistance Training Institute.]
(b) Effective Date. - The amendment made by this section shall take
effect on the date of enactment of this Act. [42 U.S.C. 2000e-4 note]
EDUCATION AND OUTREACH
SEC. 111
[This section amends section 705(h) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-4(h)) by renumbering the existing subsection and adding at
the end a paragraph requiring the EEOC to engage in certain educational
and outreach activities.]
EXPANSION OF RIGHT TO CHALLENGE DISCRIMINATORY
SENIORITY SYSTEMS
SEC. 112
[This section amends section 706(e) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-5(e)) by renumbering the subsection and adding at the end a
paragraph to expand the right of claimants to challenge discriminatory
seniority systems.]
AUTHORIZING AWARD OF EXPERT FEES
SEC. 113
(a) Revised Statutes. - Section 722 of the Revised Statutes is amended-
(1) by designating the first and second sentences as subsections
(a) and (b), respectively, and indenting accordingly; and
(2) by adding at the end the following new subsection:
"(c) In awarding an attorney's fee under subsection (b) in any
action or proceeding to enforce a provision of section 1977 or 1977A of
the Revised Statutes, the court, in its discretion, may include expert
fees as part of the attorney's fee." [42 U.S.C. 1988]
(b) Civil Rights Act of 1964. [This section amends section 706(k)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)) to provide for
recovery of expert fees as part of an attorney's fees award.]
PROVIDING FOR INTEREST AND EXTENDING THE STATUTE OF
LIMITATIONS IN ACTIONS AGAINST THE FEDERAL GOVERNMENT
SEC. 114
[This section amends section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) by extending the time for federal employees or applicants
to file a civil action from 30 to 90 days (from receipt of notice of final
action taken by a department, agency or unit), and allowing federal
employees or applicants the same interest to compensate for delay in
payments as is available in cases involving nonpublic parties.]
NOTICE OF LIMITATIONS PERIOD UNDER THE AGE DISCRIMINATION
IN EMPLOYMENT ACT OF 1967
SEC. 115
[This section amends section 7(e) of the Age Discrimination in
Employment Act of 1967 (ADEA) (29 U.S.C. 626(e)) by eliminating the two-
and three-year statute of limitations and making ADEA suit- filing
requirements the same as those under Title VII, and requiring the EEOC to
provide notice to charging parties upon termination of the proceedings.]
LAWFUL, COURT-ORDERED REMEDIES, AFFIRMATIVE ACTION, AND
CONCILIATION AGREEMENTS NOT AFFECTED
SEC. 116 [42 U.S.C. 1981 note]
Nothing in the amendments made by this title shall be construed to
affect court-ordered remedies, affirmative action, or conciliation
agreements, that are in accordance with the law.
COVERAGE OF HOUSE OF REPRESENTATIVES AND THE AGENCIES OF THE
LEGISLATIVE BRANCH
SEC. 117
(a) Coverage of the House of Representatives. [This subsection extends
the rights and protections of Title VII of the Civil Rights Act of 1964,
as amended, to employees of the U.S. House of Representatives. Procedures
for processing discrimination complaints are handled internally by the
House, not by the EEOC.] [2 U.S.C. 60l]
(b) Instrumentalities of Congress. [This subsection extends the
rights and protections of the Civil Rights Act of 1991 and Title VII of
the Civil Rights Act of 1964, as amended, to "Instrumentalities of
Congress," which are defined to include: the Architect of the
Capitol, the Congressional Budget Office, the General Accounting Office,
the Government Printing Office, the Office of Technology Assessment, and
the United States Botanic Garden. Each agency is to establish its own
remedies and procedures for enforcement.]
ALTERNATIVE MEANS OF DISPUTE RESOLUTION
SEC. 118 [42 U.S.C. 1981 note]
Where appropriate and to the extent authorized by law, the use of
alternative means of dispute resolution, including settlement
negotiations, conciliation, facilitation, mediation, factfinding,
minitrials, and arbitration, is encouraged to resolve disputes arising
under the Acts or provisions of Federal law amended by this title.
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