Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when a complainant demonstrates by statistical evidence that an employment practice or a group of employment practices causes a disparate impact on the basis of race, color, religion, sex, or national origin, and the respondent fails to demonstrate that such practice or practices are required by business necessity. Provides that a complainant establishes an unlawful employment practice by demonstrating that race, color, religion, sex, or national origin was a major contributing factor for an employment practice, even though other factors also contributed to the practice.
Provides that a rule barring the employment of an individual who currently and knowingly uses or possesses an illegal drug shall be considered an unlawful employment practice only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin.
Prohibits an individual from challenging, under the Constitution or Federal civil rights laws, an employment practice specifically required by a litigated or consent judgment or order if such person was an applicant for employment with or employed by the entity covered by such decree and had actual notice that such decree would likely affect his or her interests and be immune to his or her later challenge, and if such person had a reasonable opportunity to challenge the decree.
Declares that an unlawful employment practice occurs when a seniority system is adopted, an individual becomes subject to it, or a person is injured by the application of the system or a provision thereof, if it was adopted for an intentionally discriminatory purpose, whether or not that discriminatory purpose is apparent on the face of the provisions.
Authorizes a court to award a monetary amount to a complainant in an unlawful employment practice case, other than a disparate impact case, when such court cannot award back pay and an additional equitable remedy is needed to deter the respondent from continuing to engage in such practices.
Includes expert fees in any attorney's fees awarded to the prevailing party in an unlawful employment practice case.
Amends specified provisions of Federal law relating to equal protection under the law to declare that: (1) the rights protected by those provisions are protected against nongovernmental discrimination as well as against impairment under color of State law; and (2) those provisions afford the same protection against discrimination in the performance, breach, or termination of a contract, or in the setting of the terms or conditions thereof, as they do in the making or enforcement of the contract.
Amends the Civil Rights Act of 1964 to make such Act's employment provisions applicable to congressional employees.
S. 2858 IS 101st CONGRESS 2d Session S. 2858 To amend the Civil Rights Act of 1964 to strengthen civil rights laws that ban discrimination in employment, and for other purposes. IN THE SENATE OF THE UNITED STATES July 16 (legislative day JULY 10), 1990 Mrs. KASSEBAUM (for herself, Mr. GORTON, Mr. WILSON, and Mr. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources A BILL To amend the Civil Rights Act of 1964 to strengthen civil rights laws that ban discrimination in employment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Civil Rights Act of 1990'. SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS- Congress finds that additional protections and remedies under Federal law are needed to deter unlawful discrimination. (b) PURPOSES- The purpose of this Act is to strengthen existing protections and remedies available under Federal civil rights to provide more effective deterrence. SEC. 3. DEFINITIONS. Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e) is amended by adding at the end thereof the following new subsections: `(l) The term `complaining party' means the Commission, the Attorney General, or a person who may bring an action or proceeding under this title. `(m) The term `demonstrates' means meets the burdens of production and persuasion in accordance with Rule 301 of the Federal Rules of Evidence. `(n) The term `justified by business necessity' means that the challenged practice has a manifest relationship to the employment in question or that the respondent's legitimate employment goals are significantly served by even if they do not require the challenged practice or group of practices. `(o) The term `respondent' means an employer, employment agency, labor organization, joint labor-management committee, controlling apprenticeship or other training or retraining program, including on-the-job training programs, or those Federal entities subject to the provisions of section 717 (or the heads thereof).'. SEC. 4. DISPARATE IMPACT CASES. Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end thereof the following new subsection: `(k) Proof of Unlawful Employment Practices in Disparate Impact Cases- `(1) An unlawful employment practice based on disparate impact is established only when-- `(A) a complaining party identifies a particular employment practice and demonstrates by statistical evidence that that particular employment practice causes a disparate impact on the basis of race, color, religion, sex, or national origin; and the respondent fails to demonstrate that such practice is justified by business necessity; or `(B) a complaining party identifies a combination of two or more employment practices and demonstrates by statistical evidence that that combination of two or more employment practices causes a disparate impact on the basis of race, color, religion, sex, or national origin, and that each employment practice in such combination has contributed to the exclusion; and the respondent fails to demonstrate that such combination would not cause a disparate impact but for employment practices justified by business necessity. `(2) Notwithstanding any other provision of this title, a rule barring the employment of an individual who currently and knowingly uses or possesses an illegal drug as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act or any other provision of Federal law, shall be considered an unlawful employment practice under this title only if such rule is adopted or applied with an intent to discriminate because of the race, color, religion, sex, or national origin except where permitted by 42 U.S.C. 2000e-2(i).'. SEC. 5. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN IN EMPLOYMENT PRACTICES. (a) IN GENERAL- Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) (as amended by section 4) is further amended by adding at the end thereof the following new subsection: `(m) DISCRIMINATORY PRACTICE NEED NOT BE SOLE CONTRIBUTING FACTOR- Except as otherwise provided in this title, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a major contributing factor for any employment practice, even though other factors also contributed to such practice.'. (b) ENFORCEMENT PROVISIONS- Section 706(g) of such Act (42 U.S.C. 2000e-5(g)) is amended by inserting before the period in the last sentence the following: `or, in a case where a violation is established under section 703(1), if the respondent establishes that it would have taken the same action in the absence of any discrimination.'. SEC. 6. FACILITATING PROMPT AND ORDERLY RESOLUTION OF CHALLENGES TO EMPLOYMENT PRACTICES IMPLEMENTING LITIGATED OR CONSENT JUDGMENTS OR ORDERS. Section 703 of the Civil Rights of 1964 (42 U.S.C. 2000e-2) (as amended by sections 4 and 5) is further amended by adding at the end thereof the following new subsection: `(n) Finality of Litigated or Consent Judgments or Orders- `(1) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice specifically required by a litigated or consent judgment or order resolving a claim of employment discrimination under this title may not be challenged in a claim under the United States Constitution or Federal civil rights laws by a person who, at the time of the entry of such judgment or order, was an applicant for employment with or an employee of the entity covered by such decree, whose interests would likely be affected by the consent decree, and who had-- `(A) actual notice that such judgment or order would likely affect the interests of such person and that later challenge by such person would be barred; and `(B) a reasonable opportunity to challenge such judgment or order; `(2) Nothing in this subsection shall be construed to-- `(A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure; `(B) apply to the rights of parties to the action in which the litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government; or `(C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction.'. SEC. 7. EXPANSION OF RIGHT TO CHALLENGE DISCRIMINATORY SENIORITY SYSTEMS. Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(e)) is amended by adding at the end thereof the following language: `For purposes of this section, an alleged unlawful employment practice occurs when a seniority system is adopted, when an individual becomes subject to a seniority system, or when a person aggrieved is injured by the application of a seniority system, or provision thereof, that is alleged to have been adopted for an intentionally discriminatory purpose, in violation of this title, whether or not that discriminatory purpose is apparent on the face of the seniority provision.'. SEC. 8. PROVIDING FOR ADDITIONAL EQUITABLE RELIEF IN CERTAIN CASES OF INTENTIONAL DISCRIMINATION. Section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)) is amended by inserting before the last sentence the following new sentences: `In fashioning remedies for an unlawful employment practice (other than an unlawful employment practice established in accordance with subsection 703(k)), the court may require the respondent to pay the complaining party an amount not to exceed $100,000 if the court finds (i) that back pay cannot be awarded with respect to that practice; (ii) that an additional equitable remedy beyond those otherwise available is needed to deter the respondent from continuing to engage in such unlawful employment practices; and (iii) that such an award is otherwise justified by the equities. All issues in cases arising under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e to 2000e-17) shall be heard and determined by a judge, as specified in section 706(f) of that title (42 U.S.C. 2000e-5f).'. SEC. 9. ALLOWING THE AWARD OF EXPERT FEES. Section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)) is amended by inserting `(including expert fees) and' after `attorney's fee,'; SEC. 10. EXPANSION OF PROTECTIONS AGAINST ALL RACIAL DISCRIMINATION IN THE PERFORMANCE OF CONTRACTS. Section 1977 of the Revised Statutes of the United States (42 U.S.C. 1981) is amended by adding at the end thereof the following new language: `The rights protected by this section are protected against impairment by nongovernmental discrimination as well as against impairment under color of State law. This section affords the same protection against discrimination in the performance, breach, modification or termination of a contract as it does in the making or enforcement of that contract.'. SEC. 11. PROVIDING CIVIL RIGHTS PROTECTIONS TO CONGRESSIONAL EMPLOYEES. Title VII (42 U.S.C. 2000e et seq.) is amended by adding at the end the following new section: `SEC. 719. CONGRESSIONAL COVERAGE. `Notwithstanding any other provision of this title, this title shall apply to the Congress of the United States. The means for enforcing this title as the title applies to each House of Congress shall be as determined by the House of Congress.'. SEC. 12. SEVERABILITY. If any provision of the Act, or an amendment made by this Act, or the application of such provision to any person or circumstances is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons and circumstances, shall not be affected thereby.
Introduced in Senate
Read twice and referred to the Committee on Labor and Human Resources.
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